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Trademark Scams: What to Watch Out for After You File

Trademark Scams Beware: Scams to Watch Out For

When you register your application, your information is part of a public record. For clients who choose to Trademark with Legacy, we remove your contact information to reduce spam, but spammers will spam, and it's important to be aware of Trademark Scams to Watch Out For.

Here's what to know so you can spot them before they cost you time, money, or peace of mind.

  • Spoofed Calls

Scammers can fake caller ID to display the actual USPTO phone number. Just because the number looks real doesn't mean the call is. The USPTO does not make unsolicited calls demanding payment or personal information.

  • Look-Alike Emails

These often use USPTO logos, urgent subject lines, or language like "your application requires immediate action" or "final notice." A polished look is not proof of a legitimate sender.

  • Fake Office Actions or Compliance Notices

Scammers send fake office actions, compliance notices, and courtesy reminders demanding a response within 24 to 72 hours, a fee payment, and sensitive personal information like a date of birth or Social Security number. These often come with convincing official-looking letterhead, gold foil or watermarked USPTO seals, or the names of real USPTO forms. The USPTO will never send you a direct office action or compliance letter. All official notices can be viewed in your record online.

  • Trademark "Monitoring" Invoices

An unsolicited invoice offers to monitor your trademark for infringement, often around $895 a year, using your real USPTO serial number and implying that failure to pay could jeopardize your rights. These senders have no affiliation with the USPTO.

  • Low-Cost Filing Mills

Websites mimic real law firms, sometimes claiming to employ U.S.-licensed attorneys, and charge exorbitant fees for filings that may result in registrations that aren't actually enforceable. The USPTO sanctioned one such operator, Abtach Ltd., in January 2022, for running dozens of logo-design and trademark-filing websites that advertised suspiciously low flat rates while overcharging and misleading customers. Recently, the trademark pulled hundreds of suspiciously filed trademarks and suspended them resulting in applicants having to either file again or petition the director to save their application which cost them more money. Cheaper is not always better.

  • "Someone Else Will Take Your Mark" Threats

Emails or letters falsely warn brand owners that if they don't act immediately, a third party will file a conflicting mark and they'll lose their rights or owe money. A close cousin is the fake "urgent" notice claiming someone is trying to register a similar domain name, pressuring the recipient to pay for expedited domain registration.

  • Fake "International Trademark Registry" Scams

An email claims your U.S. mark must also be registered in a nonexistent international database to be "fully protected," linking to a payment portal. No such registry exists.

  • Fake Abandonment Warnings

A call claims your application has been abandoned and another party has filed for the mark, pressuring you into paying to "fix" it.

  • Attorney Impersonation

Only an attorney in good standing with a U.S. state or territory bar can represent someone before the USPTO. Scammers pose as attorneys or refuse to provide credentials, use high-pressure tactics, or are difficult to reach. Legitimate attorneys must have their own USPTO.gov account to file on a client's behalf. If told otherwise, that's a red flag.

  • Fake Cease-and-Desist Letters

Scammers copy real law firm names and attorney names onto cease-and-desist or takedown letters sent without the firm's knowledge, seeking payment that the scammer pockets.

When in doubt, don't click on any links or provide information beyond the public record. You may also block spammers.

Avoid the spam attack and have peace of mind that an experienced attorney is your shield against the spammers. Trademark with Legacy today and get started on your Road to ® journey.

Learn more about how to work with us to protect your brand with trademarks here. 

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