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.
What Business Owners Get Wrong Before Meeting a Litigation Attorney
What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract
Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Can You Own Part of a New Jersey Business Without a Written Agreement?
Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One
For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Monmouth County's Next Development Wave: What Developers and Investors Need to Know
Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Are Your Conversations with AI Shielded from Discovery? Courts Are Split
Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
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!
