New York and New Jersey businesses are increasingly being targeted by the ever-present threat that is the trademark scam. With that said, it is imperative to be able to discern a potential fraud from legitimate correspondence from the U.S. Patent and Trademark Office (USPTO).
The art of the trademark scam flourishes in large part because information about trademark registrants is publicly available online. Scammers use this information, along with official intellectual property terms, to create official looking documents intended to trick individuals and companies into paying erroneous fees and/or signing up for services that they don’t need.
Evolution of the trademark scam
In recent years, the scams have not only become more prevalent, but also more sophisticated. In many cases, the fraudulent letters and e-mails closely resemble official government communications and invoices and lack the common spelling errors, grammatical mistakes, and misuse of legal terminology that frequently tip off recipients to spam and junk mail.
To increase the air of legitimacy, scammers typically use official sounding names that resemble the U.S. Patent and Trademark Office (USPTO), by including the terms “United States,” “U.S.,” “Trademark,” “Patent,” “Registration,” “Office,” or “Agency.” Companies also attempt to make their solicitations mimic the look and format of official government documents to plant the seeds of a trademark scam.
While the specific tactics of a trademark scam may vary, the overall goal is the same — convince the recipient to send money. Businesses may be asked to sign up for legal services; trademark monitoring services; recordation with U.S. Customs and Border Protection; and registration with the companies’ own private trademark registry.
Steps to take in avoiding a trademark scam
The USPTO frequently posts warnings on its website with specific details of the scams. At last count, the agency listed more than 20 fraudulent solicitations that are currently circulating. They range from fake trademark expiration notices that purport to be from the USPTO to services that promise to search trademark applications for infringing content. To keep the list updated, the USPTO encourages recipients of fraudulent solicitations to e-mail the agency at TMFeedback@uspto.gov with a copy of the communication.
To avoid becoming the next victim, businesses are advised to red the “fine print” very carefully and raise any concerns with an experienced intellectual property attorney before enrolling in these services or sending any money.
How to Protect Your New Jersey Business When Going through a Divorce
The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together
New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York
No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Company Dissolved? Legal and Financial Consequences to Expect
A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
The Legal Implications of Signing a Triple Net Lease
A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
