Increasingly, bad actors will exploit information found in publicly available United States Patent and Trademark Office (“USPTO”) records to engage in fraudulent schemes. When applying to register a trademark, be mindful that information provided to the USPTO may become part of the public record. To avoid falling victim, it is also critical to be wary of common scams.

Exploitation of Personal Information

Almost all information provided to the USPTO in connection with a trademark registration is made available to the public on the USPTO’s website. For example, a trademark owner’s name and address is always required and publicly disclosed in the trademark application. If a trademark owner is not represented by an attorney, they must also provide an email address to receive correspondence related to their registration, which is also made publicly available. And while it is not required, the USPTO’s trademark application forms have fields for the trademark owner’s and signatory’s telephone number(s).

Unfortunately, scammers often exploit the personal information found in the USPTO’s publicly available records to target trademark owners. This includes sending fraudulent and misleading solicitations via letters, emails, texts, and phone calls. These scams may occur at any time—from before the filing of an application and after registration. To the extent a trademark owner cannot limit the personal information disclosed in public USPTO filings, they should be cognizant of such scams.

Common Scams

1. USPTO Impersonations

Scammers will often contact trademark owners using letters, emails, or even spoofed phone numbers and falsely claim to be from the USPTO. They may use the USPTO logo or even the names of actual USPTO employees. These scammers often demand personal information or even payment of some sort of fee on an urgent basis, commonly insisting that there is an issue with a trademark owner’s application or registration. Note that the USPTO does not request personal or payment information over the phone, in an email, or text, and does not require payment via check or money order to third-party addresses. Authentic USPTO emails will end in “uspto.gov.” Trademark owners should be wary of communications relating to their trademarks that pressure immediate action and carefully review all such correspondence to ensure its legitimacy.

2. “Low Cost” Trademark Registration Services

Many scammers will attempt to lure victims to use their “low cost” trademark design, registration, and maintenance services, only to provide unnecessary services at inflated costs or collect personal information for improper purposes. These bad actors often create convincing websites to appear authentic and, in some cases, even offer fake legal services. Trademark holders should be aware that only licensed U.S. attorneys may represent them in a trademark application, registration, or Trademark Trial and Appeal Board proceeding at the USPTO. That attorney must be licensed to practice law in a U.S. state and be an active member in good standing of the highest court of that state, which is typically easy to verify with each state’s respective agency. Watch out for red flags like aggressive advertising and “low cost” design and registration services and confirm attorneys’ credentials before hiring.

3. Unofficial Trademark Registry Services

Trademark owners may also receive unsolicited offers to add their trademark to an unofficial “registry” or “database” promising enhanced brand visibility, reputation, or protection. These scammers often attempt to appear legitimate by including terms like “Trademark,” “Office,” or “Agency” as part of their business names. Sometimes a trademark holder will even receive a fake invoice for these sorts of services. These services have no legal significance and often no commercial benefits. Instead, they are designed to extract payments for unnecessary services. If in receipt of such correspondence, be sure to verify the identity of the sender and read any fine print carefully.

Protecting Yourself

Trademark owners must remain vigilant against the increasing prevalence of trademark scams that exploit publicly available information from USPTO records. Staying informed and cautious is often the best defense to these deceptive practices. Always verify the legitimacy of any correspondence and consult a licensed attorney if you have questions or concerns.