How to Identify and Protect Your Brand From Trademark Scams

How to Identify and Protect Your Brand from Trademark Scams

Trademark scams have surged again, according to an article by Michael S. Palmisciano and Laura E. Christeson, attorneys at Sullivan & Worcester. Fraudsters are now using advanced technology to send misleading solicitations and invoices to brand owners. 

These scams target everyone—from individuals to Fortune 500 companies—capitalizing on publicly available US Patent and Trademark Office (USPTO) data. Scammers often impersonate law firms or trademark service providers, demanding payments or sensitive information under the guise of legitimate services like trademark renewals or filings.

Common trademark scams involve official-looking communications falsely implying affiliation with the USPTO or similar agencies. Scammers use urgent language to push recipients into swift action, often stating incorrect filing deadlines. In some cases, scammers spoof phone numbers to pose as government officials. Emails may appear genuine by including accurate trademark details but are fraudulent attempts to extract personal or financial information.

Trademark owners with international portfolios are especially vulnerable to these global schemes. Scams frequently originate from foreign addresses, adding further confusion for U.S.-based companies unfamiliar with international filing requirements.

The authors highlight key red flags, including unfamiliar agency names, suspicious pricing, urgent calls to action, and foreign payment requests. Legitimate communications from the USPTO or international agencies will always come from recognized domains, like “uspto.gov,” and never demand immediate payments via email or phone.

To mitigate risk, the article suggests trademark owners should evaluate unsolicited notices carefully, consult with their trademark attorneys, and report scams to authorities. Major intellectual property offices like the USPTO and EUIPO maintain databases of known scams, offering essential resources to stay informed and avoid falling victim to these schemes.