If you’ve recently filed a trademark application, you may have received what appears to be an official notice requesting payment for “publication fees” or similar services. Stop before you pay. These documents are likely scams designed to exploit trademark applicants who are unfamiliar with the legitimate USPTO process.
The Reality of Trademark Scams
Trademark scams have become increasingly sophisticated, with fraudulent companies sending official-looking notices to recent trademark applicants. These scammers obtain information from publicly available USPTO databases and create convincing documents that appear to be from the U.S. Patent and Trademark Office or affiliated organizations.
A recent example we’ve encountered involves a notice titled “Trademark Publication Fees Notifications” that requests payment for services that are either already included in your original filing fee or completely unnecessary. These notices often feature:
- Official-sounding company names that suggest government affiliation;
- Urgent language claiming immediate payment is required;
- Fees ranging from hundreds to thousands of dollars;
- Professional-looking letterhead and formatting; and/or
- References to legitimate trademark processes.
The truth is: these entities have absolutely no relation to the USPTO and provide completely meaningless services.
How These Scams Operate
Fraudulent companies monitor USPTO trademark filings and target applicants with misleading notices. They exploit the complexity of the trademark process and applicants’ unfamiliarity with official procedures. Common scam tactics include:
False Urgency
Scammers create artificial deadlines to pressure quick payment, claiming your trademark will be abandoned or denied without immediate action.
Misleading Services
They offer services like “trademark monitoring,” “publication services,” or “registration maintenance” that sound official but provide no value or duplicate services already included in your USPTO fees.
Confusing Official-Sounding Names
Companies use names like “USPTO Services,” “Trademark Publication Office,” or “Patent and Trademark Bureau” to create the illusion of government affiliation.
Red Flags to Watch For
Legitimate USPTO communications have specific characteristics. Be suspicious of any notice that:
- Requests payment for “publication fees” beyond your initial filing fee;
- Comes from a company other than the USPTO;
- Demands immediate payment to avoid trademark abandonment;
- Offers services to “maintain” your trademark application; and/or
- Uses high-pressure sales tactics or threatens legal consequences.
The Legitimate USPTO Process
Understanding the actual trademark process helps you identify scams. Here’s what legitimate USPTO communications look like:
Official USPTO correspondence:
- Comes directly from the USPTO (uspto.gov email domain);
- Uses your official USPTO serial number;
- Provides clear, specific legal requirements;
- Never requests payment through third-party companies; and
- Gives reasonable deadlines (typically months, not days).
The only fees required for most trademark applications are the initial filing fee and, if approved, the fee to file a Statement of Use (if filing an Intent-to-Use application).
Protecting Yourself and Your Business
Work with Experienced Legal Counsel
The most effective protection against trademark scams is partnering with a reputable law firm that specializes in intellectual property. At Heitner Legal, we guide clients through every step of the trademark process, ensuring they understand what to expect and when legitimate action is required.
Verify Before You Pay
If you receive any notice requesting payment:
- Contact your attorney immediately;
- Verify the sender’s legitimacy through the USPTO website;
- Cross-reference any serial numbers or case information; and
- Never provide credit card information over the phone to unsolicited callers.
Stay Informed
The USPTO’s official website provides comprehensive information about trademark scams and how to report them. They maintain an updated list of known fraudulent companies targeting trademark applicants.
Why Professional Guidance Matters
Trademark law is complex, and the application process involves multiple steps with specific deadlines and requirements. Working with experienced intellectual property attorneys like those at Heitner Legal ensures:
- Proper filing and prosecution of your trademark application;
- Protection from scams and fraudulent solicitations;
- Strategic advice on trademark selection and enforcement; and
- Ongoing monitoring and maintenance of your trademark rights.
We’ve helped countless clients navigate the trademark process while avoiding costly scams and mistakes. Our experience allows us to quickly identify legitimate USPTO communications versus fraudulent solicitations.
Taking Action Against Scams
If you receive suspicious trademark-related correspondence:
- Don’t pay – Never send money without verifying the legitimacy of the request.
- Report it – File a complaint with the USPTO and Federal Trade Commission.
- Alert others – Share information about the scam with other business owners.
- Consult counsel – Contact your intellectual property attorney for guidance.
The Bottom Line
Trademark scams prey on business owners’ unfamiliarity with USPTO procedures and their desire to protect their intellectual property. These fraudulent companies provide no legitimate services and can cost you hundreds or thousands of dollars for worthless documentation.
The best defense against trademark scams is education and professional legal representation. At Heitner Legal, we’re committed to protecting our clients from these predatory practices while securing strong trademark protection for their brands.
Don’t let scammers exploit your investment in trademark protection. Stick with the advice, guidance, and counsel of reputable law firms who have your best interests at heart.
Contact Heitner Legal today to discuss your trademark needs and ensure your intellectual property is properly protected.