Beware of a Trademark Scam Coming from USPTO.ORG

By Eric Perrott, Esq.

We were recently made aware of a brand new trademark scam by a client.

The client received an unsolicited email from an entity called uspto.gov <noreply@uspto.org>. The email claimed that a “refund request” was issued with the USPTO and the trademark application in question was in danger.

Here is what the email said:

We have been notified by your Trademark Agency regarding the refund request for the Trademark Application Serial No. “XXXXXXXX”.  This is in regard to the payment you disputed $1,750 after using the services.

If the Refund request will not be reverted in the next 24 hours from the Trademark Agency, your Trademark Application will be marked as dead and you will not be not reapply for the same mark for the next 5 years, We are still giving you the opportunity to settle the payment.

Regard,

Teas TM Application Department
The United States Patent and Trademark Office

While trademark scams aren’t new, the scammers seem to be getting better at what they do. The fact that this scammer was able to secure the domain “USPTO.org” makes it appear as though the scam is more legitimate at a first glance.  

Tips for Identifying Trademark Scams

There have been a lot of scams that target trademark filers. Here are ways to help determine if the communication you have received is a scam:

1. Review the correspondence details.
   The United States Patent and Trademark Office is a government agency, therefore any website domain and email address should end in .gov. Any physical correspondence should have a return address of Alexandria, Virginia, where the USPTO is located. If any other details are listed, the correspondence is likely a scam.
   
2. Examine the grammar in the correspondence.
   Do you see anything that is grammatically incorrect or capitalized in an odd manner? This is a strong indicator that the correspondence is a scam.
   
3. You have engaged a trademark attorney, but the correspondence did not come from them.
   If you’ve engaged a trademark attorney to help you submit your application, they will be listed as the attorney of record for your trademark. If you are receiving an official communication from the USPTO, it will be sent through the attorney of record for the trademark.

How to Combat Trademark Scams

This isn’t the first trademark scam that we’ve seen and it’s also likely not the last. The best way to fight scammers is to shine a light on what they do, as informed people are less likely to fall prey to these scams.

Stay alert and be suspicious about any trademark correspondence you may receive.

Previously Identified Trademark Scams

• Trademark Infringement Complaints Regarding Your Domain
• Trademark Scams You Will Receive in the Mail
• Trademark Renewal Scams

Final Thoughts

We recommend that you consult with your trademark attorney about any correspondence that you may receive regarding your trademark application or registration. There are a lot of scams that request money to be sent for various reasons. Do not respond to any request until you check with your attorney.

If you don’t have a trademark attorney, you can contact the experienced attorneys at Gerben IP concerning the validity of any correspondence you may receive.

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Eric Perrott, Esq.

Eric Perrott, Esq. is a trademark and copyright attorney committed to providing high-quality legal services for any sized budget. Eric’s ability to counsel clients through any stage of trademark and copyright development and protection allows him to provide his clients with personalized advice and unique analysis. Eric can be reached directly at: eric@gerbenlawfirm.com. The contents of this blog are for informational purposes only and may not be relied on as legal advice.