By Chandler A. Kansy
Over the past few months, the firm has received calls from concerned clients after they are contacted by someone from the United States Patent and Trademark Office requesting further information or payments to process their recently submitted trademark applications. Many are confused when they receive such correspondence, as they had already made all requested payments and provided all requested information prior to the submission of their applications. It turns out, these callers are not from the USPTO – they are scammers attempting to solicit your personal information and money.
Many wonder how a scammer can obtain an applicant’s contact information submitted in the application if they are not a representative from the USPTO. Trademark applications are public records, meaning the personal information you submit also becomes public record. This personal information is limited to names, physical addresses, email addresses, and phone numbers. Scammers will frequently monitor pending applications and see who has recently submitted a trademark application. This gives them the ability to lie to the applicant and claim that something is missing in their recently submitted application, or they missed a payment within the application. The scammers use personal information contained within the application to appear to be a credible representative of the USPTO.
Here are some common trademark scams to look out for if you submitted a trademark application:
1. Scammers will use fake phone numbers and email addresses to call applicants and pretend to be someone claiming to be from the USPTO. In many instances, they request personal information that could compromise an applicant’s identity or insist that the applicant owes additional fees to process the recently submitted application and request the applicant send the scammer the money to cover the fees. One key way to spot an email from a scammer is through looking at the email address itself. Scammers will often alter the USTPO address very slightly to make it seem as legitimate as possible. For example, emails from the USPTO end in @uspto.gov, so a scammer might alter it to @uspto.org.
2. Scammers will often send applicants letters to their residences or business addresses. The mailings appear to be from a legitimate trademark organization affiliated with the USPTO, and often consist of the applicant’s application number and trademark information to seem credible. Within the mailings, the scammer is often claiming that additional payments are needed to process the application and the applicant needed to mail a check to the fake trademark organization. These additional fees are fraudulent, as the only fees the USPTO requires for application submission are those paid upon submission.
3. There are many companies engaging in fraudulent practices that may convince you to pay them monthly or yearly fees to sign up for their services, and in return, they will ensure your trademark is protected. Many applicants and current trademark holders will fall for this scam, as they fear the loss of their trademark rights. In reality, these companies will not do anything to protect your trademarks. If you have an attorney assist you in the trademark application process, he or she will help you adhere to deadlines to ensure your trademark remains protected.
While it is important to be aware of these common scams, it is important to remember that if an applicant hired an attorney to prepare your applications, and the attorney is designated on the application, the USPTO will NOT contact the applicant. 37 CFR 1.33. Rather, all communications from the USPTO regarding the application will be directed to the attorney, who will then inform you of next steps. Regardless, if you receive a questionable message from someone claiming to be from the USPTO, do not hesitate to contact your attorney and discuss these communications.
If you are considering filing a trademark application, our lawyers can help you navigate the process. To schedule an appointment at Woodward, Pires & Lombardo, P.A., please call 239-649-6555 or tell us how we can help online today.
About the Author
Chandler A. Kansy is an associate attorney at Woodward, Pires & Lombardo, P.A. in Naples. Her practice focuses on litigation, business law and intellectual property law.
Chandler holds a Juris Doctorate from the prestigious George Mason University Antonin Scalia Law School in Arlington, Virginia. During her time in law school, she excelled in her studies and was actively involved in a range of extracurricular activities.
Prior to attending law school, Chandler earned a Bachelor of Arts in Communication and Media Studies from Rollins College, where she was an active member of the Alpha Delta Pi sorority and served in the Public Relations Student Society of America. Her background in communication and media has proven to be a valuable asset in her legal practice, as she is able to effectively communicate legal concepts in a clear and concise manner.
Woodward, Pires & Lombardo, P.A.
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