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Updated: Scammers Target Trademark Owners with Deceptive Emails and Phone Calls
Phishing emails and scam telephone calls targeting trademark owner pose a significant threat. These fraudulent messages may employ scare tactics, urging recipients to act swiftly or risk losing their trademark rights.
Deception
One recent trend is alarming messages sent via email, phone or letter, claiming another business or individual is attempting to register a trademark that is identical or closely similar to the recipient’s business name. The notice warns that if a prompt response is not received, the third party will succeed in registration and the recipient will lose rights to its business name.
The messages appear to be sent by private entities (i.e., purported law firms or trademark “agencies”) or from the U.S. Patent & Trademark Office (USPTO). Scammers also use technology to manipulate the name, number and location for the caller, to make it appear the call is actually from the USPTO. The USPTO is aware of the problem and issued a warning regarding misleading calls and notices on it web site.
How to Protect Yourself
Verify the Sender/Caller: Scrutinize the sender's email address or phone number information. Even if USPTO appears in the address or on your phone, it may not be from the USPTO. The USPTO offers additional information concerning scams perpetrated on trademark owners.
Verify Trademark Data: Information conveyed about the trademark may not contain the correct USPTO filing data.
Withhold Personal Identifiable Information: Do not provide any personal identifiable information such as Social Security Numbers, credit card information, login credentials, etc. If you are contacted by telephone, hang up and call the USPTO directly to verify the caller’s identity.
Check USPTO for Communication: The USPTO’s Trademark Status & Document Retrieval database contains communications sent by the USPTO. If the communication is not there, this is a red flag.
Check for Urgency Tactics: Scammers thrive on urgency. Pause and evaluate the situation. In the U.S., legitimate trademark processes do not require immediate action under threat of losing rights, allowing time for due diligence.
Do Not Rely on Grammar: In the past, poor grammar, odd word choice and questionable sentence structure were indicators an e-mail may not be legitimate. Phishers are using generative artificial intelligence (GenAI) tools to draft e-mails without these issues, so you can no longer rely on them as indicators of possible phishing.
Consult Legal Professionals: When in doubt, consult an attorney specializing in intellectual property law. They can guide you through legitimate processes and help you avoid falling prey to scams. Also, your attorney can be recorded as the Correspondent of Record in connection with your trademark applications and registrations. You will then have the peace of mind of knowing that all official communications from the USPTO concerning your trademarks will be sent to you by your attorney.
Report Suspicious Emails: If you receive a suspicious email, report it to the USPTO. They actively track and investigate fraudulent activities.
Protecting your intellectual property is crucial. Keep apprised of the latest methods scammers use to stay one step ahead.
Should you have any questions concerning e-mails received about your IP, please contact one of our intellectual property attorneys.
[For additional information on other methods employed, please see “Unsolicited Patent and Trademark Services.”]
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Disclaimer: This alert has been prepared by Eastman & Smith Ltd. for informational purposes only and should not be considered legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney/client relationship.