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Trademark Scams – Don’t Pay for What You Don’t Need

August 12, 2019 By Kelley Keller

Trademark Scams – Don’t Pay for What You Don’t Need

In a previous blog post, I shared some tips to protect yourself from trademark scam letters, and unfortunately, the number of scammers continues to grow. That means you need to understand how these scams could affect you so you don’t spend unnecessary money or time thinking about them.

The Trademark Scam Letter

You filed a trademark application with the U.S. Patent and Trademark Office (USPTO). You may have done this by yourself, using a legal document services provider, or with an intellectual property attorney. As the owner of the trademark listed on the trademark application, you’re now eligible to receive a very special letter (ha ha!).

I’m referring to a trademark scam letter. This letter could come in a number of forms—none more legitimate than the rest. Let’s take a look at some examples in more detail.

1. The Trademark Publication or Registration Letter

Trademark-Scam-redactedYou’ve already registered your trademark with the U.S. Patent and Trademark Office, so why would you receive a letter entitled Register of Protected Trademarks or Publication of Protected Trademarks on the Internet? The answer is simple. It’s a scam.

This type of letter is sent by a private company that claims they will register your trademark in some type of Internet Database. But there’s a problem. This database is not official or regulated or managed by any government entity.  It is useless!

Your mark is already included in the official database of the U.S. Patent and Trademark Office and will remain there for as long as the trademark is in use and you file the required maintenance documents.  Anyone searching the database of marks pending or registered in the United States will use the official database located at www.uspto.gov, not a private database that only contains registrations of trademark owners who have paid them a listing fee.

Click on the image above or click here to see an example of this letter.

2. The Trademark Compliance Center or U.S. Customs and Border Protection Letter

trademark-warning-example-letterThis letter references the U.S. Patent and Trademark Office and the “U.S. Customers and Border Protection (a bureau of the Department of Homeland Security)” as well as a specific section of the Trademark Act. It must be official, right? Nope.

This type of letter is sent by a private company that claims it will register your trademark with U.S. Customs and Border Protection (CBP) and notify you when infringing goods are detected. Unless you do business internationally, have your products manufactured overseas, and/or have a product that inspires knock-offs and counterfeits, this is probably a service you don’t need. Most small businesses do not fall into this category and do not need to pay to register their marks with the CBP.

Take a look at the real example by clicking on the image above or click here. Notice that the letter has multiple typos, including references to U.S. Customs and Border Protection as CBP and CPB.

3. The Trademark Safeguard or Monitoring Service Letter

Trademark-Solicitation-Example-redactedThere are a number of authentic trademark monitoring companies, but you won’t receive a letter like the one pictured to the left from any of them (click the image to view it at full size or click here).

Like Trademark Scam Letter #2 above, this scam letter references the U.S. Patent and Trademark Office as well as a section of the Trademark Act, but again, the company that sent this letter is probably not one that you want to use to monitor your trademark.

Notice the $375 annual fee referenced in the letter? Now, read the fine print at the bottom of the letter. Take a look at the part that says, “Your 1 year subscription to TMSG services will be automatically renewed for successive periods of 1 year each unless you notify us to discontinue the service.” Bottom-line, this “service” is unnecessary and the automatic annual fee is a “red flag” indicating that the letter is a scam.  If you want to monitor your trademark, you should research legitimate service providers and do your homework!

What Should You Do?

Any communications you receive related to your trademark registration that do not clearly come from the U.S. Patent and Trademark Office and bear its official seal can most likely be thrown in the garbage can. If you’re unsure, contact the U.S. Patent and Trademark Office or an intellectual property attorney and ask.

The only fees you will ever pay to the USPTO are official filing fees paid at the time an official filing is actually made, not professional service fees you would pay to an attorney or someone helping you prepare and file a trademark application.

You can find tips to determine whether a trademark-related letter is legitimate and what to do if you receive one here. Remember, official correspondence will come from the government—specifically, the U.S. Patent and Trademark Office in Alexandria, Virginia or via email from an address that ends with @uspto.gov.

If a communication is not from the official source, it’s likely a scam. In other words, a company is trying to make money off of trademark owners who don’t understand the trademark registration, protection, and enforcement process. Don’t be a victim!

 

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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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.
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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.
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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!!!
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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
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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.
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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.
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