Beware: Misleading Trademark Notices

Beware: Misleading Trademark Notices

We’re always fascinated, not only by the “guile” behind “illegitimate” trademark solicitations, but also by the prices charged.  Most of these scam “official looking” solicitations actually quote fees that are higher than we, or your attorneys, would likely charge.  Section 8, Combined Section 8 & 15 (worth it in our opinion) and Section 8 & 9 Renewal Applications should cost $125 to $425 in filing fees per international class, and approximately $200 to $400 in attorney office fees (we charge the filing fee plus approximately $400 for a total of – which attorney services often includes reminders, some form of monitoring service, advice and explanation and reminders for the next renewal cycle.  We see the “illegitimate” trademark solicitations that clients ask us about typically ranging, from $890 to $1,400 – not only will the services (perhaps) be performed in Prague, but they will be performed by non-attorneys and will definitely not include any of the additional services provided by professional trademark practitioners. 

Why are we telling you this?  If you own a Trademark Application or Registration with the United States Patent and Trademark Office (USPTO), there is a chance you will receive misleading offers and notices from private companies soliciting you for illegitimate trademark related services and fees, often originating in foreign countries. It is important that you carefully investigate any notice or solicitation you receive through the mail about your trademark to determine where it comes from before sending any money for maintenance or renewal. If you are unsure about the notice, feel free to contact us and we can review the document and provide a status update on your trademark.

When you file a trademark, it becomes public record and once a trademark is registered, maintenance filings are required on a periodic basis to keep the registration alive. Since maintenance filings occur years after registration or the last necessary filing, many trademark holders tend to overlook the specific dates and can forget deadlines. Certain companies (For example, scammers use deceptive names like “Trademark Compliance Center, Alexandria, Virginia” (which is where the USPTO is located) or the “U.S. Trademark Compliance Office” (sounds official, right?) use this information as a “scam” tactic. The scammers find your contact and trademark information from publicly available sources – information provided to the USPTO for registration applications – and they use it to generate fraudulent solicitations.

Above is a sample of a solicitation disguised as an official USPTO communication sent by a private company to trick you into thinking their service is an official notice. The notice and the company are not affiliated with the USPTO, and as often as not, these notices provide incorrect or misleading information about your mark and Registration. For more samples, check out the USPTO website as well.

If the McHattie Law Firm has helped you with your trademark, we receive all notifications from the USPTO regarding your marks and will continue to notify you of important deadlines, send appropriate notice as the correct times and be available to provide appropriate advice. All official correspondence and notices will be from the “United States Patent and Trademark Office” in Alexandria, VA, and if by e-mail, specifically from the domain “@uspto.gov.”

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