By Samantha Peaslee
It’s happened more times than we can count. An excited business owner just submitted their application for a trademark for their company. They paid the $250.00 filing fee and are now eagerly anticipating the news that their trademark was successful. A letter comes in the mail – it says the trademark has been published! Or will, if a check for five times what was already paid is received in 14 days with the application number.
Trademark applications are public filings. That means that unscrupulous individuals or companies can go through all recent filings and generate requests for funds using legitimate information. They can also go through trademarks that are approaching renewal dates and attempt to pre-empt legitimate renewal. Once the money is gone, it is gone.
Trademarks scams are so bad that the USPTO itself has a post about recognizing common scams. Business owners should always check this page for the most up-to-date information.
The benefit of having an attorney as your correspondent with the United States Patent and Trademark Office is that you know that official communications will come through your attorney. Alternatively, if you receive a letter and are not completely sure whether it is real, you can ask your attorney to review it.
How do you recognize whether a mailing is real or a scam?
- All mailings from the United States Patent and Trademark Office will come from the “United States Patent and Trademark Office” or USPTO. If it comes from any other entity (like the Patent & Trademark Office or TMP, as shown in the examples), it is a scam.
- All e-mails come from an e-mail address with @uspto.gov. If the suffix of the website or email address on a mailer is not uspto.gov or @uspto.gov, it is a scam.
- You can check tsdr.uspto.gov for the status of your trademark filing. If the information in the mailing is inconsistent with the dates, deadlines, or status in TSDR, it is a scam.
- The USPTO will never ask you to send a check. If a check is being requested, it is a scam.
What about phone? The USPTO will not call you personally if you have an attorney listed as your contact. If you do not have an attorney listed, you may receive calls from a trademark examiner. However, a USPTO employee will NEVER ask you to pay money over the phone. If you receive a call from the USPTO, take that person’s name and phone number. Tell them you will call the Trademark Assistance Center (1-800-786-9199) to verify the call and then call back if the caller is verified as an examiner. Then do so. Check out the USPTO’s page on spoofed calls for more information.
Getting a trademark is great! But as with other public filings, be sure to arm yourself with knowledge about what scams may result from it. Have more questions about trademarks? Feel free to reach out to us at admin@lawpolaris.com or complete an intake form here.
See these below examples of the scams described above:
