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Trademark Scams are on the Rise – How to Protect Yourself

May 13, 2019 By Kelley Keller

Trademark Scams are on the Rise – How to Protect Yourself

Owners of U.S. trademarks (applicants and registrants) routinely receive trademark-related solicitations by mail and/or email purporting to be official notices or advertisements from the U.S. Patent and Trademark Office (USPTO) requesting payment of fees. These are trademark scams and you need to familiarize yourself with them so you can protect yourself from spending money unnecessarily!

Do Not Trust Any of These Communications!

They are not official notices from the U.S government, but rather deceptive attempts from private companies to induce unwitting trademark owners to pay them fees to “help” them receive or maintain their mark.

They often use names that resemble the USPTO to give themselves an air of legitimacy. Unfortunately, many trademark applicants and registrants, including those represented by an attorney, have reported paying fees to these private companies.
trademark scams
Some of my clients have recently received correspondence from the following:

  • Trademark Renewal Service in New York, NY
  • Legal Force – Trademarkia in Mountain View, CA
  • Trademark Compliance Center, Inc. in Alexandria VA
  • Patent & Trademark Agency, LLC in New York, NY

Click on the image to the right to view an example trademark solicitation letter that the USPTO and INTA are warning people about.

You can check out the Learning Center to find more examples of trademark scams.

How do I Know What is Legitimate?

If you have hired legal counsel to handle your trademark work, the USPTO will communicate directly with your attorney, who will in turn, communicate directly with you. Only if you are representing yourself will the USPTO communicate directly with you.

All official correspondence – whether to you directly or via your attorney — will come from the United States Patent and Trademark Office in Alexandria, VA and any email communications will come from the domain “@uspto.gov.”  If you receive an email from a non-.gov domain, including .com, .org, .us, or others, it is not official!

In response to this predatory practice, the USPTO has issued its own warning to trademark applicants and registrants. The International Trademark Association (INTA), the world’s largest network of trademark owners and professionals, has joined the USPTO and issued its own warning as well. I encourage you to read both warnings carefully.

How do I Protect Myself from Trademark Scams?

  • Read the solicitation very carefully so you can properly identify the source of the communication.
  • Confirm that it comes from the USPTO in Alexandria, VA or from an email address ending in “@uspto.gov.”
  • Be aware of the official filing fees you will owe during the trademark process. The USPTO publishes its fee schedule on its website – you may reference it here.
  • Ask for professional advice! Show the solicitation to your intellectual property attorney (make sure he or she is an intellectual property attorney) before making any payments.
  • If you cannot get an attorney’s advice, contact the USPTO’s Trademark Assistance Center via phone (800-786-9199, option 1) or email at TrademarkAssistanceCenter@uspto.gov.

Bottom Line

Trust your gut and double-check anything that is unexpected or seems suspicious. There are more trademark scams than you think. When in doubt, ask your intellectual property attorney!

About Kelley Keller

Kelley Keller, Esq. is an intellectual property (IP) attorney, speaker, and educator with two decades of experience in the IP field. She works with individuals and businesses in a wide variety of industries helping them transform their ideas, knowledge, and innovation into valuable business assets that drive profits. Kelley offers education to established businesses, startups, entrepreneurs, corporate executives, non-profits, government agencies, legal professionals, and students about starting and growing a business as well as about IP, social media law, and the importance of protecting valuable brand assets and creative work.

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What People are Saying about Kelley Keller

Lisa Frederiksen | Author, Speaker, Trainer, Consultant at BreakingTheCycles.com

Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
2016-04-23T10:27:42-05:00
Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
http://kelleykeller.com/testimonials/lisa-frederiksen/

Kelly Phillips Erb | Senior Editor at Forbes

Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right.

Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
2016-04-23T10:42:43-05:00
Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right. Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
http://kelleykeller.com/testimonials/kelly-phillips-erb-senior-editor-forbes/

Charlotte Avery | CEO at Being Charlotte Avery

Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley.

Kelley, THANK YOU for EVERYTHING!!!
2016-04-23T10:46:03-05:00
Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley. Kelley, THANK YOU for EVERYTHING!!!
http://kelleykeller.com/testimonials/charlotte-avery-ceo-charlotte-avery/

Ruth Koup | Founder of Suits to Careers, Inc., Dress for Success South Central PA & Tied to Success

Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
2016-04-23T10:49:27-05:00
Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
http://kelleykeller.com/testimonials/ruth-koup/

Matt Bloom | Founder & CEO of CRIMEWATCH Technologies, Inc.

Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
2016-04-23T10:53:29-05:00
Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
http://kelleykeller.com/testimonials/matt-bloom-founder-ceo-crimewatch-technologies-inc/

Zachary Ziegler | Brewmaster at Molly Pitcher Brewing Company

Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
2016-04-23T10:54:48-05:00
Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
http://kelleykeller.com/testimonials/zachary-ziegler-brewmaster-molly-pitcher-brewing-company/
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