Top Trademark Scams: How to Spot and Avoid Them
Navigating the trademark application process can feel like running an obstacle course—especially if you don’t know about the hidden traps. One of the biggest challenges isn't filing the application itself, but avoiding the scams and schemes that prey on unsuspecting trademark applicants. Let’s explore some of the most common trademark scams and how you can steer clear of them.
1. Fake Trademark Renewal Notices
You’ve finally received your trademark registration, and a few months later, you get an official-looking letter warning you that your trademark is about to expire. It asks for an urgent payment to renew the mark and keep your rights intact. You panic. After all, losing your trademark is a terrifying thought. But here’s the catch: your trademark isn’t really expiring.
How It Works: Scammers send out these fraudulent notices to new trademark registrants, hoping you’ll pay the “renewal fee” before realizing that the letter isn’t from the U.S. Patent and Trademark Office (USPTO) or any legitimate agency.
How to Avoid It: Always verify any renewal notices against your records. Keep track of your trademark’s renewal dates (you don’t need to worry about renewal until the fifth year, with subsequent renewals at the tenth and every ten years thereafter). Legitimate USPTO communications will always come directly from the official website (uspto.gov) or email addresses ending in @uspto.gov. If in doubt, contact the USPTO directly.
2. International Trademark Registration Offers
These are typically unsolicited offers you receive after filing your U.S. trademark application. They claim to provide trademark registration services in various foreign countries for an additional fee.
How It Works: You’ll receive a letter or email from what appears to be an official-sounding organization offering to “register” your trademark in overseas territories. The fees quoted are often outrageously high and provide no real protection in foreign markets.
How to Avoid It: Check the source. Real trademark registrations outside the U.S. are only handled through legitimate entities like the World Intellectual Property Organization (WIPO) or individual country trademark offices. Before responding to any foreign registration offer, consult your attorney or the WIPO database.
3. Misleading “Publication” Services
Once your trademark is approved for publication, you might receive a letter from a company offering to include your mark in a so-called “registry” or “database” of registered marks. These solicitations are designed to make you think publication is required or offers some form of added legal protection.
How It Works: These databases are usually private directories that have zero legal significance. They offer to “publish” your trademark for a fee but provide no actual benefit. All they do is pocket your money.
How to Avoid It: The USPTO automatically publishes approved trademarks in its Official Gazette as part of the application process—at no extra cost. You don’t need any third-party service for additional publications.
4. Bogus Watch Services
These scammers target trademark owners by offering so-called “watch services” that supposedly monitor the market for infringements. The letters are worded in a way that makes you believe you’re getting a critical service to protect your mark.
How It Works: The services offered by these companies rarely provide the in-depth monitoring necessary to identify real threats. In most cases, these are automated and non-specific searches that you could easily conduct yourself.
How to Avoid It: If you’re concerned about infringement, invest in a reputable monitoring service or use legal professionals experienced in trademark enforcement. A watch service can be helpful, but you should only work with providers vetted by your attorney.
5. “Trademark Pending” Misrepresentation
This one is less of a scam and more of a misrepresentation. Companies may contact you claiming your trademark is “pending” and needs further “filing” or “processing fees” to be approved. This can lead you to believe your application is stalled or incomplete.
How It Works: These companies send notices using terms that sound legitimate, such as “pre-approval” or “pending status.” In reality, your trademark application is just going through the normal examination process.
How to Avoid It: Stay updated on your application status directly through the USPTO’s Trademark Status and Document Retrieval (TSDR) system. The USPTO will never ask for additional payments outside the standard filing fees and publication costs.
How to Protect Yourself
- Register Your Trademark with the USPTO, not a Third-Party Site: Always use the official USPTO website for all your trademark filings. There’s no need for third-party registrars.
- Verify the Source of Any Communication: If you receive a notice or invoice, look at the sender’s email address, domain name, and contact details. A quick online search can confirm if others have reported similar scams.
- Work with a Trusted Attorney: Scammers often target small business owners and solo entrepreneurs who are managing their own legal affairs. A reputable attorney can help you navigate the trademark process and identify legitimate communications.
- Use USPTO’s Scam Reporting Tools: The USPTO has a Scam Alert page that lists known fraudulent entities and offers tips on how to handle these situations.
- Keep Good Records: Maintain a clear record of your application, including filing dates, renewal deadlines, and any official communications you’ve received. This will make it easier to spot discrepancies.
Conclusion
Trademark scams are designed to prey on the anxiety of business owners who are trying to protect their brands. By staying vigilant, understanding the common schemes, and using trusted resources, you can avoid becoming a victim. Remember: if something feels off, it probably is. When in doubt, consult us before responding to any unsolicited offer or notice.
With a little caution and some know-how, you can navigate the trademark process confidently—and keep your brand safe from scammers.