Beware of Trademark Scams: Safeguarding Your Brand in 2025
Registering a trademark with the United States Patent and Trademark Office (USPTO) is a cornerstone of protecting your business’s brand and intellectual property. However, the public availability of USPTO records has opened the door to a growing threat: sophisticated trademark scams that exploit this public data to target applicants and registrants. At McGrath North, we’ve observed a marked increase in these fraudulent schemes in recent years, and it is critical to equip your business with the knowledge to stay ahead of such scams and take practical steps to protect your brand.
The Growing Threat of Trademark Scams
The USPTO maintains a comprehensive, publicly accessible database containing details of trademark applications, registrations, and ownership — a resource intended to promote transparency and legal certainty. Unfortunately, this same openness provides scammers with a wealth of information to harvest. By scraping names, filing dates, and contact details, fraudsters craft highly targeted schemes that deceive even savvy business owners. These scams often masquerade as legitimate services, leveraging official-sounding language and appropriated USPTO data to extract payments or sensitive information from their targets. Below are some common fraudulent tactics targeting trademark owners:
1. Fraudulent Renewal Notices and Registry Solicitations
Scammers exploit USPTO records to send premature or entirely fabricated renewal notices. These often arrive months or years before the actual deadline, demanding fees far exceeding the USPTO’s modest filing costs. By creating a sense of urgency, identifying fake deadlines, and mimicking official formatting, these notices trick owners into paying unnecessary sums to illegitimate entities, often under names like “Trademark Renewal Office” or “U.S. Patent and Trademark Bureau,” which can sound deceptively credible.
Similarly, scammers may pitch inclusion in private trademark databases or publications, promising enhanced protection for exorbitant fees — sometimes thousands of dollars. These private registries offer no enforceable legal benefit. Yet their polished marketing and use of your specific trademark details can make them appear legitimate to the untrained eye. The USPTO’s official publication process occurs automatically during registration at no additional cost.
2. False Claims of Conflicting Trademarks
Another tactic involves scammers using public information about business names or brand names to fabricate threats of conflicting trademark registrations. They might warn that a third party is poised to claim a similar mark unless you pay a fee to “reserve” or “protect” your rights. This preys on the fear of losing brand exclusivity, yet it’s often baseless. U.S. trademark law recognizes common-law rights even without federal registration, a nuance these fraudsters conveniently omit. These scams often come in the form of emails that appear to come from an actual attorney.
3. USPTO Impersonation Schemes
Another scam involves scammers posing as USPTO officials. Using data gleaned from public records,such as registration numbers or filing dates, they send official-looking letters, emails, or even make spoofed phone calls from numbers mimicking the USPTO’s Virginia area code. These communications often demand payment for fictitious services, like “publication fees” or “compliance assessments,” which the USPTO does not require.
4. Illegitimate Filing Services
Scammers have also harvested applicant data to offer cheap trademark filing services. These entities may submit incomplete or legally deficient applications, jeopardizing your trademark’s validity. Alarmingly, in some cases legitimate attorney credentials are stolen and used to file thousands of fraudulent applications with the USPTOunderscoring the scale and audacity of the scam. Be wary of any such offering at prices that appear too good to be true.
5. False Change of Correspondence Information
Finally, scammers may file a request to change the email address associated with a registration. Certain e-commerce websites require trademark owners to obtain a federal registration to help cut down on counterfeit products and verify ownership by sending a code to the email address on file with the USPTO. This change of address could also grant them control over your trademark details with those websites, enabling them to manipulate listings or enforce policies on platforms like Amazon or eBay, where trademark ownership is often linked to account authority.Proactive Steps to Protect Your Brand
- Authenticate Every Communication: Genuine USPTO correspondence originates from its Alexandria, Virginia headquarters or emails ending in “@uspto.gov.” Be wary of unsolicited demands for payment or personal information from other sources—especially those lacking these hallmarks. USPTO employees will never ask you for your personal or payment information over the phone, in an email, or text.
- Understand Official Timelines: The USPTO provides predictable deadlines for renewals and maintenance filings, such as a one-year window between the fifth and sixth years post-registration, followed by a six-month grace period. Renewals are due every 10 years post-registration. Compare any notice against these schedules or consult us for clarity. Be aware the scam communication may misrepresent the original registration date.
- Engage Licensed Professionals: Only attorneys licensed in the United States can represent you before the USPTO. Attorneys are a valuable resource during the application process and throughout the duration of your registration. If a service provider’s credentials are unclear or their offer seems suspiciously inexpensive, verify their legitimacy through the USPTO’s attorney roster or reach out to us for guidance.
- Pause Before Acting: Scammers thrive on creating panic. If you receive an alarming notice, take a moment to assess it critically, review the official record and due dates at tsdr.uspto.gov, and contact McGrath North before responding or sending payment.
Trademark scams are becoming more sophisticated, with fraudsters adopting advanced tactics like spoofed technology and broader online outreach to enhance their credibility. The USPTO has responded by publishing examples of fraudulent solicitations and issuing warnings during key filing stages, while also partnering with agencies like the Federal Trade Commission to curb these activities. Despite these efforts, the adaptability of scammers means that vigilance remains your strongest defense. Falling victim to one of these schemes could cost you thousands of dollars, or worse, weaken your trademark’s legal standing at a critical moment.
At McGrath North, we understand the stakes of protecting your brand. Our experienced intellectual property team is here to help you navigate suspicious correspondence, ensure your filings are secure, and develop a robust trademark strategy that stands up to scrutiny. If you’ve received a questionable notice or simply want to confirm your next steps, don’t hesitate to contact us at trademark@mcgrathnorth.com. We’re committed to safeguarding your business’s most valuable assets.
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