Protect Against Trademark Scams

Trademark scams are a growing problem that targets business owners at every stage of the registration process. From official-looking letters demanding payment for bogus services to fraudulent filing companies that take your money and do nothing, the trademark landscape is littered with traps for the unwary. The USPTO itself has issued repeated warnings about these schemes. Understanding the most common scams is your first line of defense.

Fake Official Letters and Invoices

The most prevalent trademark scam involves letters or emails designed to look like they come from a government agency. Shortly after filing a trademark application — which becomes a matter of public record — many applicants receive official-looking correspondence demanding payment for trademark registration, renewal, publication, or recording services. These letters often feature seals, case numbers, filing deadlines, and legal language that create a sense of urgency. They are not from the USPTO. The USPTO communicates through the Trademark Status and Document Retrieval (TSDR) system and through correspondence sent to your attorney of record. Any letter demanding payment that does not come through these channels should be treated with extreme skepticism.

Fraudulent Trademark Filing Services

Another common scam involves companies that offer to file your trademark application for a suspiciously low fee — sometimes as little as $49 or $99. These services typically collect your payment and either file a deficient application that will be refused, file nothing at all, or file an application with intentional errors that they then charge additional fees to "fix." Some of these companies are not law firms and cannot provide legal advice about the strength of your mark, the proper identification of goods and services, or how to respond to an office action. The result is often a wasted filing fee, a refused application, and lost time.

Trademark Monitoring and Renewal Scams

After registration, scammers target trademark owners with fake renewal notices sent well before the actual deadline, demanding inflated fees for renewal filings. Some scammers monitor the USPTO database for registrations approaching their maintenance deadlines and send convincing notices that look like official USPTO correspondence. The fees demanded are typically several times the actual USPTO filing fee and provide no actual service. Legitimate trademark maintenance requires filing specific documents (Section 8 Declaration and Section 9 Renewal Application) at specific intervals — between years 5-6 after registration and every 10 years thereafter. If you receive an unexpected renewal or maintenance notice, verify it against your actual filing deadlines before taking any action.

International Registration Scams

Some scammers target U.S. trademark owners with solicitations for international trademark registration services, often implying that failure to register in foreign countries will result in loss of rights. While international trademark protection can be valuable for businesses operating globally, these solicitations are typically from companies with no legitimate connection to any foreign trademark office. International trademark registration should be pursued strategically and through qualified counsel, not in response to unsolicited letters.

How to Protect Yourself

There are several steps you can take to avoid trademark scams. First, work with a licensed trademark attorney who serves as your attorney of record with the USPTO — all legitimate USPTO communications will go through your attorney. Second, be skeptical of any unsolicited correspondence about your trademark, especially if it demands payment or creates urgency. Third, verify any questionable communication by checking the USPTO's Trademark Status and Document Retrieval system (TSDR) at tsdr.uspto.gov. Fourth, check the USPTO's list of known scam senders, which the office maintains and regularly updates at uspto.gov/trademarks/protect. Finally, never send payment to an unfamiliar company without first verifying their legitimacy.

What to Do If You Have Been Scammed

If you have already sent payment to a suspected scammer, take immediate steps to limit the damage. Contact your bank or credit card company to dispute the charge and request a chargeback. Report the scam to the USPTO by forwarding the correspondence to TMScams@uspto.gov. File a complaint with the Federal Trade Commission (FTC) at reportfraud.ftc.gov. And if you believe your trademark application or registration may have been affected, contact a trademark attorney immediately to assess the situation and take corrective action.