Scam notices are being sent to those who have filed trademark applications with the U.S. Patent and Trademark Office (USPTO) or already own a registered mark. The notices are designed to exploit publicly available information, and these fraudulent communications often create a false sense of urgency or appear to be official communications and typically request payment for services such as trademark monitoring, renewal, or registration in various directories. The USPTO does not send out notices like these or solicit payment in this way, and you should not respond to these scams.
Key Points to Remember:
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Verify the Source: Any official correspondence regarding your trademark application should come directly from the USPTO (and not an imposter like the World Trademark Registry) or your trademark agent. If you receive a notice that does not originate from the law firm or trademark agent handling your trademark application, please exercise caution. USPTO website addresses end in .gov, and emails directly from the USPTO end in @uspto.gov. Additionally, watch for any variations of "United States Patent and Trademark Office," such as "Patent and Trademark Bureau" or "Trademark Renewal Service" – which are not part of the USPTO.
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Proceed with Caution. Some communications state that another entity or person is trying to register your exact mark and that the correspondent is confirming that you wish to allow this to happen. This is designed to create a false sense of urgency, and the information in the notice is not true. However, if you act quickly and without care, you can easily make a payment or disclose sensitive information when you had no reason to do so.
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Confirm with Your Trademark Agent: If you are uncertain about the authenticity of any notice, we strongly encourage you to contact your trademark agent directly. You can also contact our firm's trademark team. We are here to assist you in verifying any suspicious communications. There is often a demand for immediate action or payment that is not actually due, and this is usually accompanied by a threat of losing your trademark rights if you do not pay. Resist the urge to respond immediately and confirm with your trademark agent or trusted legal advisor instead.
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USPTO Scam Warnings: The USPTO provides resources to help identify and avoid these scams. We recommend reviewing their guidance to better understand the nature of these fraudulent activities. Common scams include spoofing websites, spoofing phone numbers, emails from imposters, and fraudulent solicitations. You can find more information on the USPTO's official scam warnings page here.
Action Steps:
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Do not respond to or pay any invoices from unknown sources without verification from your trademark agent or law firm.
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Contact Your Attorney or Paralegal Representative if you have any questions or need assistance in verifying a notice.
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Stay informed by regularly checking the USPTO's website for updates on known scams. Be sure to never share your password for your USPTO.gov account.
