Latest Trademark Scams to be Aware Of!
Trademark owners are receiving alarming calls and emails that appear to come directly from the United States Patent and Trademark Office (USPTO). If you have recently filed for a trademark or currently hold one, your public information makes you a target. These sophisticated schemes leverage official-sounding language and spoofed technology to deceive applicants into paying fraudulent fees or surrendering sensitive data.
This article examines two of the most prevalent scams currently circulating: spoofed caller IDs and fraudulent "verification" emails. We will explain how these schemes operate, the risks they pose, and the specific steps you can take to protect your intellectual property rights.
The Rise of USPTO Impersonation
Scammers have always targeted public records, but their tactics are evolving. The USPTO's public database (TSDR) provides easy access to applicant names, addresses, and phone numbers. Criminals use this data to craft convincing narratives that create urgency and fear.
The goal is almost always financial. They may demand immediate payment for "processing fees," "registration finalization," or "verification services." In other cases, they may attempt to steal personal identifying information (PII) to compromise your accounts.
Scam #1: The Spoofed Caller ID
The telephone remains a primary weapon for fraudsters, but they have upgraded their arsenal. You might receive a call that, at first glance, looks completely legitimate.
How It Works
Your phone rings, and the Caller ID displays "United States Patent and Trademark Office" or the actual USPTO area code (571). When you answer, an individual claiming to be a USPTO employee or examining attorney is on the line. They will seem to know the details of your trademark application (or registration) and try to convince you that immediate action is required on your file to keep it from being cancelled or abandoned.
They often use the names of real USPTO employees, which adds a layer of credibility if you attempt to Google them while on the call. The scammer will claim there is an urgent issue with your trademark application. Common scripts include:
- Your application is about to be abandoned.
- You owe a final registration fee that must be paid immediately.
- You need to verify your identity right now to proceed.
They will pressure you to make a payment over the phone or provide credit card details to resolve the "emergency."
The Reality Check
The USPTO does not operate this way. Here is the critical distinction: USPTO employees generally will not call you to demand immediate payment over the phone. Furthermore, if you are represented by an attorney, the USPTO is required to communicate directly with your legal counsel, not you. If an examiner calls an applicant directly (usually only for unrepresented applicants), they will not ask for payment information during that call. Further, the USPTO does not accept payment over the phone, in fact they have an online payment portal. Thus, any attempts to collect payment other than via the official USPTO payment portal, should be considered illegitimate scams.
Scam #2: The "Verification Call" Email
Another growing trend involves deceptive emails that set the stage for a fraudulent phone call. These emails often look official, copying the USPTO's logo, fonts, and formatting style. The return address typicalle will say "USPTO" but if you examine the actual address, it is something else, ending in .COM rather than .GOV.
How It Works
You receive an email with a subject line like "Urgent: Verification Call Required" or "Mandatory Trademark Verification." The body of the email claims that before your trademark can be registered or renewed, you must schedule a verification appointment. The most recent examples being seen actually claim tthat you have an appointment with a named trademark examiner, and will provide a time, date, and phone number for you to call.
The email might state that a USPTO representative needs to speak with you to confirm your business details or ownership claims. It often includes a link to schedule this call or demands a reply to set up a time. Once they get you on the phone, the script flips to a demand for fees or sensitive personal data under the guise of "verification."
Why It Is Dangerous
This scam exploits the trademark owner's desire to comply with federal regulations. Because the email asks for an appointment rather than immediate money, it feels less suspicious than a direct demand for cash. However, it is a grooming tactic designed to get you on the phone with a skilled manipulator.
Risks to Trademark Owners
Falling for these scams results in more than just a nuisance. The consequences can be significant for your business.
Financial Loss
The most direct risk is monetary. Scammers often demand payments ranging from hundreds to thousands of dollars. Once these funds are transferred, they are virtually impossible to recover.
Data Security Breaches
By providing sensitive information—such as social security numbers or banking details—you expose yourself and your business to identity theft. This can lead to compromised business credit and long-term financial headaches.
Risk to Your Trademark Status
Ironically, while trying to "save" your trademark by complying with scammers, you might miss actual deadlines. If you believe you have resolved an issue by paying a scammer, you may ignore real correspondence from the USPTO or your attorney, leading to the unintentional abandonment of your application.
Actionable Steps: How to Protect Yourself
Vigilance is your best defense. Adopt these practices to ensure you do not fall victim to impersonators.
1. Verify Before You Trust
If you receive a call from someone claiming to be from the USPTO, do not provide any information. Hang up. Look up the official USPTO phone number on their website (uspto.gov) or check the status of your application in the TSDR database. If there is a legitimate issue, it will be noted in your file.
2. Check the Email Address
Official emails from the USPTO will almost always end in @uspto.gov. Be wary of emails coming from domains that look similar but are slightly off, such as "@uspto-org.com" or generic providers like Gmail or Hotmail. Even if the email address looks correct, remember that email headers can be spoofed.
3. Rely on Your Attorney
If you hired a trademark attorney, the USPTO should not be contacting you directly regarding substantive examination matters. If you receive a call or email, forward it to your attorney immediately. Do not engage with the sender. Your lawyer can verify if the communication is legitimate.
4. Never Pay Over the Phone
The USPTO uses a specific online portal (Financial Manager) for fee payments. They do not ask for credit card numbers over the phone to settle application fees, nor do they request payment via gift cards or wire transfers.
What to Do If You Are Targeted
If you encounter these scams, you should report them.
- File a complaint with the FTC: Visit ReportFraud.ftc.gov.
- Notify the USPTO: Send an email to [email protected] with details of the interaction.
Protecting your intellectual property is complex enough without the interference of bad actors. If you are unsure about a communication you have received, do not act on it alone.
Are you concerned about a suspicious notice regarding your trademark? Contact our firm today. We can verify the status of your application and ensure your intellectual property is secure.
Our office regularly represents clients on U.S. trademark Matters.
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