Trademark scams have been around for years but keep evolving to target trademark applicants. Just today, a client sent me a suspicious text about their trademark application. The message followed a familiar pattern, leveraging urgency and fear to encourage the trademark owner to respond to the scam. This article covers common trademark scams, how to avoid them, and what to do if you think you are being targeted.
Why These Scams Work
Trademark applications are public records. Anyone can access them online. Third parties scrape the USPTO database—some for good reasons, others for scams. This makes it easy for scammers to collect information and contact many trademark applicants quickly.
Protecting Your Information
Here are ways to keep your personal information private:
Form an LLC or corporation to own your trademark. A single-member LLC is cost-effective and may provide other business benefits. McConnell Law Firm PC can help you set up the right entity.
Use a business address. This can be a PO Box or mailbox service. You still need to provide a physical address, but it stays private.
Skip the phone number. Phone numbers are only required for attorneys, not owners.
Use a separate email address. Email aliases with multiple recipients work best so you don’t miss USPTO communications.
Common Scams
Text Message Scams: Clients receive texts claiming to be from attorneys whose clients want to file identical trademarks. These messages offer 24 hours to “reclaim” the mark. If a real attorney sent this, it would likely violate ethics rules. Don’t respond.
Fake Official Mail: Companies with official-sounding names mail new trademark registrants offering unnecessary services. These documents look official and use names that sound like the United States Patent and Trademark Office (“USPTO”) or World Intellectual Property Organization (“WIPO”). The services are not needed.
How the USPTO Communicates
The USPTO requires an email address for the trademark owner on each trademark application. This address should stay private. If you have an attorney listed on your application, the USPTO will only email you:
- When your trademark registers
- When maintenance (6-year) and renewals (10-year) are due
The USPTO avoids postal mail and does not send texts. The USPTO may call your attorney about applications but will not call you directly if you have representation. Be suspicious of other communications.
What to Do
If you get suspicious communications about your trademark, I can review them to see if they are real or scams. I recommend working with a licensed trademark attorney when filing applications. This also helps protect you from scams.
Three Takeaways
- The United States Patent and Trademark Office (“USPTO”) communicates primarily by email and with your attorney
- Trademark applications are public records—protect your privacy
- When unsure about any communication, ask a trademark attorney
Worried you are being scammed? Book a 30 min initial consultation to discuss your situation.
About the Author:
Robert McConnell brings 25 years of experience as a registered patent attorney to his role as principal attorney at McConnell Law Firm, PC. His unique background combines deep technical expertise with extensive experience in both technology startups and legal ventures throughout Silicon Valley, allowing him to provide practical, business-focused IP guidance to clients.
Disclaimer: This blog post is provided for informational purposes only and does not constitute legal advice. For guidance on your specific situation, please consult with a licensed attorney.