Trademark Scams: They're Getting Bolder (And They Almost Got Me)

It happened to me again last week, and this time they were good.

The call came in with "US Patent and Trademark Office" displayed on my phone. I answered without hesitation - USPTO examiners do occasionally call applicants, and I've taken those calls before. The conversation started normally enough. The caller referenced a trademark I had filed just a few days earlier. He had all the details: the application number, the filing date, the mark itself.

Then came the ask: $550 to "issue" the trademark.

That's when I knew. I hung up immediately.

But here's what concerns me: If I didn't know how the trademark process actually works, there's a good chance he would have stolen $550 from me. And I'm someone who works in this field every day.

How These Scams Work

When you file a trademark application (or a non-provisional patent), your contact information becomes public record. Within days - sometimes hours - the solicitations begin. Phone calls, emails, text messages, official-looking letters. Spoofed phone calls appear to come from legitimate USPTO phone numbers, often with area codes from Alexandria, Virginia, where the USPTO headquarters is located.

The scammers are sophisticated. They use publicly available information about your application to make their pitch sound legitimate. They know your trademark, your filing date, your application number. Some even use the names of real USPTO employees.

Common Scam Tactics

According to the USPTO, scammers create false urgency, threatening that you'll lose your trademark rights or owe large amounts of money if you don't act immediately. They send:

• Official-looking correspondence on letterhead designed to resemble USPTO documents
• Invoices for "renewal fees" with fake, early deadlines
• Offers to "expedite" your application for a fee
• Warnings that someone else is trying to register your mark

The USPTO has made clear: USPTO employees will NEVER ask for personal or payment information over the phone, in an email, or text.

Red Flags to Watch For

Here's what to look for:

1. Urgent payment demands - Almost always includes a demand for immediate payment with threats of losing your rights
2. Names that sound official but aren't - "Patent and Trademark Bureau," "Trademark Compliance Center," or any variation that isn't "United States Patent and Trademark Office"
3. Suspicious contact methods - The most commonly spoofed phone numbers are 571-272-1000 and 800-786-9199
4. Excessive fees - The USPTO's actual fees are clearly listed on their website
5. Communications that bypass your attorney - If you're represented, all official USPTO correspondence goes to your attorney of record

What You Need to Know

The real trademark process doesn't work the way these scammers claim. You don't pay to "issue" a trademark. The USPTO doesn't call demanding immediate payment. There's no fee to "expedite" examination beyond the official expedited processing options already built into the system.

All official USPTO emails end in @uspto.gov, and all official websites end in .gov

If You Get Scammed

If you fall victim to one of these scams, the USPTO recommends reporting it to TMScams@uspto.gov, contacting your financial institutions to dispute charges, and filing complaints with the FBI's Internet Crime Complaint Center and your state's Attorney General.

The Bottom Line

The USPTO has been fighting an uphill battle against these scammers for years. They've taken enforcement actions, published extensive warnings, and created resources to help trademark applicants identify scams. But the scammers keep getting more sophisticated.

Your best defense? Know that these scams exist and trust your instincts. If something feels off - if there's urgency, if there's pressure, if there's an unexpected payment request - slow down. Check the USPTO's official website. Call the Trademark Assistance Center at 1-800-786-9199 (the real number). If you have an attorney, contact them.

Don't let scammers exploit your hard work in building your brand. Be aware, stay skeptical, and remember: the USPTO will never call you demanding immediate payment.

- Mike Marks