Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Fraudulent Trademark Solicitations Still Targeting IP Owners

Author: Scarinci Hollenbeck, LLC

Date: September 19, 2019

Key Contacts

Back

To Increase Awareness Regarding Fraudulent Trademark Solicitations, the USPTO Recently Issued Another Warning

Trademark owners and applicants are the target of ongoing scams, including emails that misleadingly suggest certain fees must be paid through the soliciting company. To increase awareness, the U.S. Patent and Trademark Office (USPTO) recently issued another warning regarding fraudulent trademark solicitations that appear to be official correspondence.

Fraudulent Trademark Solicitations Still Targeting IP Owners

Solicitations for Trademark Services

Trademark applicants and owners routinely receive correspondence from the USPTO for legitimate purposes concerning legitimate deadlines and fees.  However, they also receive emails from private companies that attempt to profit from the applicants/owners. To avoid being scammed, it is important to know the difference.

As the USPTO notes in its latest warning, private companies often use trademark application and registration information from USPTO databases to mail or email solicitations to trademark applicants and registrants. While the information contained in these solicitations may be accurate (for example, that a certain filing is due to keep a registration active), using these private services is never a requirement of trademark registration.

While some services may be legitimate (i.e. assistance in responding to an office action issued against an application), many others are not, including offering to record trademarks in a “private” registry separate from the USPTO. Some solicitations also purport to be official USPTO correspondence when they are not. As the USPTO warns:

All official correspondence about your trademark application or registration will be from the “United States Patent and Trademark Office” in Alexandria, Virginia, and all emails will be from the domain “@uspto.gov.” Don’t be fooled by company names that sound like government agencies or offers that contain government data. Some company names may include terms like “United States,” “U.S.,” “Trademark,” “Patent,” “Registration,” “Office,” or “Agency.” Some offers and notices may include official government data publicly available from USPTO records, or refer to other government agencies and sections of the U.S. Code.

The USPTO frequently posts warnings on its website with specific details of the scams. At last count, the agency listed nearly 50 different fraudulent trademark solicitations. The agency also recently posted a video to help trademark registrants learn about potentially misleading trademark offers and notices, the types of services they offer, and how to detect them

Cracking Down on Trademark Scams

The scams continue to proliferate because the USPTO can do little to stop them. As the USPTO emphasizes, it is not an enforcement agency. “We don’t have the legal authority to stop private companies from sending trademark-related offers and notices, nor can we sue or prosecute entities that defraud or attempt to defraud our applicants and registrants,” the agency states on its website. “However, we can raise awareness and work closely with the Department of Justice, the Federal Trade Commission, and the United States Postal Inspection Service to combat the problem.”

The Federal Trade Commission (FTC) can take action, but typically only does so after receiving numerous complaints about the same company. For this reason, if you receive a fraudulent trademark solicitation, it is important to notify the FTC by filing a consumer complaint.

To avoid falling victim to a fraudulent trademark scam, businesses should always read the “fine print” carefully. If you have concerns about a pending trademark registration, application, or upcoming renewal deadline, you can consult an experienced intellectual property attorney. It is also advisable to verify the legitimacy of any trademark solicitation before enrolling in these services or sending any money.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Kristin Garris, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!