As we near the end of another year, I am sorry to report that the number of misleading solicitations and notices received by trademark applicants and registrants has become so prevalent as to be almost epidemic (maybe a poor choice of words at this time but you all know what I mean).
Information regarding trademark applications and registrations is readily available in the public records of the United States Patent and Trademark Office (USPTO), as well as international and foreign registers. Private companies use this information to send official looking notices of impending registration maintenance deadlines, opportunities for private registry or other database registrations, watch services and similar offerings — all typically warning of an urgent need to act or risk adverse consequences such as the loss of trademark rights. In some instances, the notice may appear as an invoice or bill suggesting that the payment of a fee is the only requirement for satisfying the subject matter of the notice. These notices maybe sent by mail, email or even text message.
At one time, these scams were relatively obvious. Messages sourced from a strange email address, using poor grammar and misspellings to communicate unclear purposes for requested information or payment — all of these were obvious tips that something was not right. Unfortunately, misleading and fraudulent solicitations have increased in sophistication as well as frequency.
Solicitations and notices for services relating to a registration or pending application usually come from an organization using an official-sounding name such as the “Patent and Trademark Office,” “Patent and Trademark Bureau,” “Trademark Compliance Center” or some other combination of words that appears to be government related. The notice will have accurate information regarding the subject mark and include official looking bar codes and logos in a format that is similar to or could be expected to come from a legitimate government source. Some may even include the official USPTO logo, or that of a legitimate international or foreign government registry. While these notices generally refer to an actual filing requirement, they are not always accurate about the timing of the requirement and the quoted fees are usually high, without specifying applicable government filing fees.
