Owners of federal trademark registrations have become a popular target for scams. They need to protect themselves from others who try to use information in the trademark registration for their own financial advantage.
In 2019, the United States Patent and Trademark Office (USPTO) introduced measures intended to combat fraud in the trademark application process. These measures included a requirement that all trademark applicants provide a telephone number, an email address, and a street address (not a P.O. box). Applicants could not submit only the contact information of the attorney that filed the application for them.
Trademark applications can be viewed by the public on the USPTO website, and the inclusion of the applicant’s contact information has had the unintended consequence of perpetuating even more fraud. Third parties pretending to be employees of the USPTO are now emailing, texting, and even calling applicants and registrants to trick them into paying unnecessary fees. The scammers use names like “Patent and Trademark Bureau” or “Trademark Legal Assistance Center,” which are similar to the USPTO and the USPTO’s Trademark Assistance Center. The scammers also use documents that resemble official USPTO documents, to the extent that they may include a foil seal or a watermark with the USPTO logo, along with information about the applicant and its application.
Applicants should be aware that the USPTO will never request a credit card or debit card number via a text, email, or phone call. All payments to the USPTO are made electronically via the Trademark Electronic Application System (TEAS). All legitimate USPTO websites end in “.gov” and all legitimate emails will end in “@ uspto.gov.” There is no need for the USPTO to obtain Social Security, driver’s license, or passport numbers. All legitimate written correspondence from the USPTO can be easily verified by entering the application serial number or the registration number in the USPTO’s Trademark Status and Document Retrieval (TSDR) database to confirm that the correspondence appears under the “Documents” tab. Applicants can also contact the Trademark Assistance Center via telephone (1-800-786-9199) for verification of correspondence.
Another common scam is for brand owners to receive an email that falsely claims that if it does not immediately federally register its trademark, a third party will file (or is ready to file) a conflicting mark. Such an application could prevent the brand owner from obtaining a registration for its mark, and make it liable for monetary damages to the third party. Often the letter will say that USPTO protocol allows the brand owner to have “priority” if it immediately intervenes. There is no such “protocol” that can change “priority” in this way.
A variation of this scam is for the owner of a pending application to receive an email claiming that unless the owner responds quickly to an issue with the application, a third party will take its trademark. This can be “prevented” by the owner paying a fee.
Owners of registered trademarks are also vulnerable to lies and scams. Scammers purposely send correspondence that provides false deadlines for “urgent” payment of registration renewal fees. A federal trademark registration is for ten years, and so it is not surprising that most individuals and companies do not keep track of the renewal date. This scam correspondence often occurs a year or more before the actual date for which a renewal application can be filed, but indicates that the renewal date is imminent and must be handled immediately. As such, this correspondence comes well before an attorney handling a registration would send a letter requesting renewal instructions. These scam renewal letters usually request fees that are well beyond the actual fees charged by the USPTO for a renewal.
Perhaps the most blatant lies come from those persons who use public information in a trademark application to directly call an applicant. While most of us know that “phishing” is an email-based scam that seeks sensitive data for the purpose of identity or monetary theft, “vishing” (a shortened term for “voice phishing”) is a similar type of scam with the same goal. Vishers use fraudulent phone numbers, text messages, and social engineering tactics to obtain sensitive information that can lead to identity theft or financial fraud. The malicious caller impersonates a representative of a trusted source to trick someone into providing sensitive data such as bank account numbers or credit card information over the phone by using urgency and exploiting fear to bypass an organization’s normal security standards.
For example, a person will impersonate an USPTO Examining Attorney and claim there is an urgent need to collect the balance of “inadequate” or “additional” fees necessary for the application to proceed. This person can be very convincing, because they know important and correct information about the applicant, including the owner’s name and address, the mark, the identification of the goods and services, and the dates of the use of the mark—all of which is obtained from the trademark application’s public information. The requested payment may be for a small amount (often less than
$200), but it must be paid with—you guessed it—a credit or debit card. Of course, the caller also asks for the full name on the card or the account, the expiration date, the billing zip code, and the card’s security code. All of this information is normally given in a legitimate telephonic purchase. Unfortunately for the brand owner, the call is not legitimate, and the credit or debit card information will now be in the hands of a bad actor.
Another common scam is for a person to impersonate a lawyer or a representative of a law firm such as paralegal or a legal assistant, and offer to help with a trademark application or registration. Many scammers impersonating a paralegal or a legal assistant will use the name of a fictitious lawyer or law firm. However, many use the name of an actual lawyer or law firm but use a telephone number or email that is not associated with that actual lawyer or law firm. Anyone receiving such a call should not only do an internet search for the lawyer or law firm to verify their legitimacy, but should also review their contact information.
What can you do to protect yourself or your company from these liars, vishers, and scams? The most effective protection is to understand how the trademark registration system works and use that knowledge to spot scams. The website at USPTO.gov has a Trademark Basics page (https://www. uspto.gov/trademarks/basics) that explains the fundamentals of the application process. When a trademark application is filed by an attorney, the USPTO only communicates with that attorney or associates of that attorney in the same law firm until that legal authority is revoked by the applicant or registrant. Accordingly, when your client uses an attorney to file a trademark application, they will never receive a call or correspondence directly from the USPTO for any instructions or payment.
If your client files a trademark application or obtains a trademark registration without using the services of an attorney, the Examining Attorney at the USPTO may contact them directly for information or instructions, but not for payments. Accordingly, your client should inform its staff to be on the lookout for communications from the USPTO, and also communications from scammers. Administrative employees, and those in accounts payable, are the most likely to be targeted with misleading and false requests. Such employees need to be careful with random or unsolicited communications. Scammers have mastered the art of obtaining sensitive information from employees who may find the trademark registration process intimidating.
There are three time periods in the trademark application process that invite the most scams. The first period is within the first few weeks after the application is filed.
Trademark applications become public within hours after filing and scammers monitoring the USPTO database often initiate action soon after an application is filed. This is the time when a scammer will email or call to say that an additional payment is needed to properly process the application.
The second period is upon the publication of the application for purposes of opposition. When an application is approved by the Examining Attorney handling the application, the application is “published” for a period of thirty days to allow third parties an opportunity to object to the issuance of a registration. Once the application has been approved for publication, scammers approach the applicant for payments involving “publication” or other unnecessary services. These communications are often in the form of written correspondence that purport to be an “invoice” (for exorbitant amounts) for publication services and contain all the correct information of the application. These private publication services are unnecessary and provide no value.
The third time period is after an application has been abandoned by the applicant (often intentionally) during the prosecution stage, or after a registration has lapsed (again, often intentionally). These communications are generally of two types. The first type is a communication that offers to reinstate or “retrieve” the application or registration from the abandoned or lapsed state upon information and payment of a fee. These offers are often sent long after the expiration of the two-month period in which an application can be legitimately revived.
The other common type of correspondence is an email or letter advising of a “conflicting mark” or “competing application” that has been filed. It also advises that this application could result in giving rights and protection to the applicant, which could force the trademark owner to cease using its mark. This correspondence will state that due to “USPTO Protocol” or “Trademark Priority” this new application will be on hold for a short time (usually 1-2 business days) but then will proceed unless a prompt response is received. Clients should know that there is no such protocol or priority for trademark applications. It is simply another way for scammers to obtain sensitive information or a monetary gain from a trademark owner.
The USPTO does provide updated information on its website (www.uspto.gov/trademarks/protect) regarding spoofing websites and phone numbers. Any information about trademark-related scams that are reported to the USPTO are reviewed. However, the USPTO is not a law enforcement agency. While the USPTO does take action to protect the unauthorized use of the USPTO name and logo and will also issue sanctions or take other action for fraudulent behavior, it does not provide financial relief or reimbursement for money paid to a scammer. Likewise, the USPTO will not accommodate or address any action that did not properly comply with USPTO filing procedures. If a trademark owner paid to have an action taken at the USPTO, such as the filing of an initial application or the filing of a renewal application, but the USPTO has no record of such filing being done, the trademark owner will get no concession or relief from the USPTO and will need to refile.
Trademark-related scams are on the rise. Trademark owners need to be diligent. Unfortunately, they should be suspicious of any communications purporting to come from the USPTO. Trademark owners represented by IP counsel should be aware that legitimate communications from the USPTO should come via their counsel. If they have any questions about a communication received from either a third party or purportedly from the USPTO, they should absolutely confer with their counsel before taking any action.
This article originally appeared in Orange County Lawyer magazine, January 2026, Vol. 68 No. 1, pp. 37-39. The views expressed herein are those of the Author(s). They do not necessarily represent the views of the Orange County Lawyer magazine, the Orange County Bar Association, The Orange County Bar Association Charitable Fund, or their staffs, contributors, or advertisers. All legal and other issues must be independently researched.
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