How to Spot a Trademark Scam

Every week I get at least one client inquiry related to a trademark scam. Knowing how to distinguish legitimate USPTO communications from fraudulent ones can save your business time, money, and significant frustration.

How the Scam Typically Works:

A trademark scam usually begins with an urgent call, email, or text message directed to you or someone in your organization. The sender claims to be from the USPTO and insists immediate action is required.

Common tactics include:

• Stating that your trademark application or registration will be approved as soon as payment is made

• Warning that your trademark is about to expire unless you pay immediately

• Claiming that a third party has applied for your trademark and you must act quickly to prevent losing it

  
  

To make the message appear legitimate, scammers often use official-looking details such as the USPTO seal or logo, the name of a real USPTO employee, and even a phone number that appears authentic on caller ID. Despite these convincing elements, these communications are scams.

How to Protect Your Business

Share the following guidance with your staff to reduce the risk of falling victim to trademark-related fraud:

• Do not pay fees in response to unsolicited demands: The USPTO does not contact applicants or registrants by phone, email, or text to demand immediate payment. While legitimate fees are required for filing, maintaining, and renewing trademarks, the USPTO only collects them at specific stages through its official payment systems. Requests for payment by credit card, wire transfer, payment apps, or gift cards are clear red flags.

  
  

• Slow down and verify: Scammers rely on urgency to pressure recipients into acting without thinking. Take a moment to pause and independently verify any claims. You can check the status of your trademark directly through the USPTO’s Trademark Status and Document Retrieval (TSDR) system.

  
  

• Go directly to trusted sources: For accurate information about your trademark application or registration, contact the USPTO’s Trademark Assistance Center by phone or visit the official USPTO website by typing the address directly into your browser. Do not rely on information supplied in the suspicious communications as scammers can spoof caller ID and create highly realistic (but fake) websites. Never click links or scan QR codes sent via unsolicited emails or text messages, as these may route you straight to fraudsters.

  
  

Final Thoughts:

Trademark scams are designed to look official and to catch businesses off guard. A healthy level of skepticism, combined with verification through official USPTO channels, is your best defense. Educating your team about these schemes can help ensure that your intellectual property and your finances remain protected.