Trademark scams have become increasingly common. They are so prevalent that the U.S. Patent & Trademark Office established a dedicated “Scam Alert” web page to educate people about the various types of scams that have been reported, along with a list of entities behind them. One of the most common types of scams involves unsolicited offers related to the periodic filings necessary to keep an existing trademark registration in effect.
Recently, a new type of scam targeting clients with newly filed applications has surfaced. In this scam, a party claiming to be from the USPTO informs the client that the application filing fee for their recently filed trademark application needs to be paid immediately or the application will be abandoned, and a trademark registration will not be granted. The caller will happily facilitate payment of the fee over the phone.
This is a scam. The caller obtains applicant information from the USPTO trademark application database. New applications require that the filing fee be paid before an application number is assigned and the application is listed in the database. Remember, the USPTO will pursue resolution of any legitimate application problems with the attorney of record for the application, not the applicant.
If you receive such a call, do not offer any payment or give any pertinent information, but instead refer them to your attorney. If you are unrepresented or have questions about other unsolicited offers and scams related to your trademarks, please contact any of the attorneys in our Intellectual Property Group.