Trademark applicants and registrants are frequent targets of scams and fraudulent solicitations. Because trademark applications and registrations are public records, scammers easily obtain your contact information and send official-looking documents requesting payment for unnecessary services. Understanding how to recognize and avoid these scams protects your business from financial loss and wasted time.
The Prevalence of Trademark Scams
Trademark scams have become such a significant problem that both the USPTO and EUIPO maintain dedicated warning pages and public lists of fraudulent companies. These scams cost businesses millions of dollars annually in unnecessary fees, fake services, and diverted payments.
Why Trademark Holders Are Targeted:
- Trademark applications and registrations are public records accessible to anyone
- Contact information (email addresses, physical addresses) is visible in official databases
- Applicants and registrants expect to receive official communications and invoices
- Many business owners lack familiarity with official trademark office procedures
- The terminology and appearance of scam documents closely mimic legitimate correspondence
The EUIPO maintains a searchable database of misleading invoice companies and fraudulent documents. The USPTO has prosecuted individuals and companies for trademark scam activities, resulting in criminal convictions. Despite these enforcement efforts, new scam operations continue to emerge.
Common Types of Trademark Scams
Trademark scams take various forms, but all share a common goal: tricking you into paying for unnecessary, overpriced, or non-existent services.
| Scam Type | How It Works | Why It's Deceptive |
|---|---|---|
| Misleading Invoices | Official-looking invoices for trademark renewal, publication, or registration services from private companies | Uses official-sounding names, similar formatting to government documents, includes your actual trademark details |
| Unsolicited Monitoring Services | Offers to monitor your trademark for conflicts or infringement for inflated fees | Targets recent applicants who may believe monitoring is required or official |
| Fake USPTO/EUIPO Emails | Emails appearing to come from trademark offices requesting payment or personal information | Spoofs official email addresses or uses similar domains (@uspto-services.com vs @uspto.gov) |
| Domain Name Solicitations | Urgent offers to register domain names similar to your trademark before someone else does | Creates false urgency, charges excessive fees for standard domain registration |
| Foreign Trademark "Protection" | Solicitations to register your trademark in foreign countries you've never considered | Offers unnecessary international filings at inflated prices |
| Directory/Listing Services | Invoices for inclusion in trademark directories, registries, or databases | Implies these listings are official or required when they're merely commercial directories |
| Phone Spoofing | Calls appearing to come from USPTO phone numbers demanding immediate payment | Uses caller ID spoofing to display legitimate USPTO phone numbers |
Critical Warning: Neither the USPTO nor EUIPO will ever call you requesting immediate payment over the phone, send unsolicited emails demanding personal information, or require payment for services you didn't request.
Misleading Invoice Scams in Detail
Misleading invoice scams are the most common and sophisticated trademark fraud. These invoices are designed to look official and often include accurate information about your trademark pulled from public databases.
Characteristics of Misleading Invoices:
- Professional design mimicking government documents
- Official-sounding company names ("International Trademark Bureau", "Patent & Trademark Registry")
- Accurate details about your trademark (name, registration number, filing date)
- Legitimate-appearing invoice numbers and payment terms
- Language creating urgency ("final notice", "deadline approaching", "renewal required")
- High fees for services you didn't request ($500-2,000+ for standard renewals that cost $225-850 officially)
Real vs Fake Invoice Comparison:
| Feature | Official USPTO/EUIPO Invoice | Fraudulent Invoice |
|---|---|---|
| Sender Email | @uspto.gov or @euipo.europa.eu | Similar domains (@uspto-services.com, @trademark-registry.com) |
| Payment Recipient | U.S. Treasury (USPTO) or EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE (EUIPO) | Private company name |
| Fees | Published official fee schedule | Inflated, often 2-10x official fees |
| Bank Account | Official government accounts only | Private bank accounts, often international |
| Services Offered | Only services you specifically requested | Unsolicited monitoring, directory listings, publication |
| Contact Method | Response to your filing or scheduled maintenance | Unsolicited mail shortly after public filing |
| Urgency Language | Standard deadline notices | "URGENT", "FINAL NOTICE", "ACT NOW" in large text |
EU trademark holders are particularly targeted because EUIPO maintains highly accessible public records. Scam companies send invoices within days of publication, exploiting the confusion during the official publication and registration period.
EUIPO Official Bank Accounts: The EUIPO only uses two Spanish bank accounts:
- Caixa Bank: ES03 2100 2353 0107 0000 0888
- Santander: ES08 0049 6659 0121 1622 4792
The account recipient name must be "EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE". Any other bank account is fraudulent.
How to Identify Scams
Developing the ability to recognize scam communications quickly protects you from financial loss and wasted time responding to fraudulent solicitations.
Red Flags Checklist:
| Red Flag | What to Look For | Action to Take |
|---|---|---|
| Unsolicited Contact | You didn't request the service or communication | Verify directly with official trademark office |
| Non-Official Email Domain | Email doesn't come from @uspto.gov, @euipo.europa.eu, or @wipo.int | Delete and report as phishing |
| Pressure Tactics | "Urgent", "Final Notice", "Deadline", "Act Now" language | Legitimate offices provide adequate time for responses |
| Payment Before Work | Demands payment for services not yet performed or requested | Official offices invoice for specific requested services |
| Unsolicited Phone Calls | Calls requesting payment or personal information | Hang up; trademark offices don't make unsolicited calls |
| Excessive Fees | Fees significantly higher than published official rates | Compare to official fee schedules |
| Vague Services | "Publication", "Registration", "Monitoring" without specifics | Legitimate communications specify exact requirements |
| Private Bank Accounts | Payment to private companies or non-government accounts | Verify official government payment channels only |
| Foreign Bank Requests | Requests to wire money internationally | USPTO and EUIPO use domestic accounts only |
| No Case Reference | Doesn't include your actual application/registration serial number | Legitimate notices always reference specific serial numbers |
Verification Steps:
- Check the sender's email domain character-by-character
- Search for the company name + "scam" or "fraud" online
- Log into your official trademark office account to check status
- Call the trademark office using phone numbers from their official website
- Consult your attorney if you have representation
Official Communication Channels
Knowing how trademark offices actually communicate with you helps you distinguish legitimate correspondence from scams.
| Trademark Office | Official Email Domain | Official Mailing Address | Official Phone | How They Contact You |
|---|---|---|---|---|
| USPTO | @uspto.gov only | U.S. Patent and Trademark Office P.O. Box 1451 Alexandria, VA 22313-1451 | +1-800-786-9199 (Trademark Assistance Center) | Email from @uspto.gov, postal mail to attorney of record or correspondence address |
| EUIPO | @euipo.europa.eu only | European Union Intellectual Property Office Avenida de Europa, 4 03008 Alicante, Spain | +34 965 139 100 | Email from @euipo.europa.eu, User Area notifications, postal mail |
| WIPO | @wipo.int only | World Intellectual Property Organization 34, chemin des Colombettes CH-1211 Geneva 20, Switzerland | +41 22 338 91 11 | Email from @wipo.int for Madrid Protocol matters |
What Trademark Offices Will NEVER Do:
- Make unsolicited phone calls requesting immediate payment
- Send emails from non-official domains (even if they look similar)
- Request payment via wire transfer to private bank accounts
- Send invoices for services you didn't request
- Use pressure tactics or threatening language about deadlines
- Ask for credit card information via email or phone
- Demand payment through cryptocurrency, gift cards, or wire transfer services
What Trademark Offices WILL Do:
- Send official correspondence to your attorney of record (if you have one)
- Send email notifications from official domains with secure account links
- Provide adequate time to respond to office actions (typically 6 months for USPTO, 2-4 months for EUIPO)
- Reference your specific application/registration serial number in all communications
- Direct you to log into secure online accounts (TSDR for USPTO, User Area for EUIPO) rather than sending sensitive information via email
Unauthorized Filing Firms
Some foreign companies illegally solicit U.S. trademark clients despite not being authorized to practice before the USPTO. This practice violates USPTO regulations and can jeopardize your trademark rights.
Requirements for USPTO Representation:
- Only attorneys licensed to practice law in the United States can represent trademark applicants before the USPTO
- Foreign attorneys cannot provide trademark services to U.S.-based applicants unless also licensed in the U.S.
- Non-attorney trademark services must operate under attorney supervision
Red Flags for Unauthorized Firms:
- Foreign companies offering to file your U.S. trademark application
- Firms that cannot provide a U.S. attorney license number
- Services offered at suspiciously low prices from overseas
- Companies soliciting U.S. trademark clients from foreign addresses
- Requests to sign documents with foreign attorneys "of record"
Sanctions and Consequences:
- USPTO can sanction attorneys who allow foreign firms to handle their cases
- Applications may be suspended or refused if improperly represented
- You may lose rights if deadlines are missed due to incompetent representation
- No recourse if foreign firms disappear after taking payment
Verifying Attorney Credentials:
- Search the USPTO's public attorney roster
- Verify state bar membership through state bar associations
- Request license numbers and verify them directly
- Check for disciplinary actions or complaints
- Ask for references from previous trademark clients
What to Do If You Receive a Scam
If you receive suspicious correspondence related to your trademark, taking the right steps quickly protects you and helps authorities combat fraud.
Immediate Actions:
| Step | Action | Purpose |
|---|---|---|
| 1. Don't Respond or Pay | Do not call phone numbers, click links, or send payment | Avoid confirming your contact information is active |
| 2. Verify Your Status | Log into TSDR (USPTO) or User Area (EUIPO) to check actual status | Confirm whether any action is actually required |
| 3. Check the Source | Examine email headers, sender domains, and return addresses | Identify whether communication is legitimate |
| 4. Document Everything | Save copies of all scam communications | Provide evidence for reporting and potential prosecution |
| 5. Report to Trademark Office | Forward to TrademarkScam@uspto.gov or contact EUIPO | Help authorities track and prosecute scammers |
| 6. Report to Law Enforcement | File with FTC (reportfraud.ftc.gov) or equivalent in your country | Enable criminal investigation |
| 7. Notify Your Team | Alert colleagues, clients, or stakeholders | Prevent others in your organization from falling victim |
| 8. Consult Your Attorney | If you have trademark counsel, forward suspicious communications | Professional verification and advice |
Reporting Mechanisms:
| Authority | How to Report | What They Do |
|---|---|---|
| USPTO | TrademarkScam@uspto.gov | Investigates fraud, publishes warnings, works with law enforcement |
| Federal Trade Commission (FTC) | reportfraud.ftc.gov | Tracks consumer fraud, investigates scams, pursues enforcement |
| FBI Internet Crime Complaint Center | ic3.gov | Investigates cybercrime and wire fraud |
| State Attorney General | Varies by state | Prosecutes consumer fraud within state jurisdiction |
| EUIPO | Contact form at euipo.europa.eu | Adds companies to misleading invoice list, issues warnings |
If You Already Paid: Contact your bank immediately to attempt a reversal. Report the payment to law enforcement. Check your trademark's actual status with the official office. Consider consulting an attorney to assess whether any legitimate deadlines were missed while dealing with the scam.
Protecting Your Organization
If you manage trademarks for a business, platform, or law firm, implementing verification workflows prevents costly mistakes and protects clients.
Education and Training:
- Train all team members who handle trademark correspondence to recognize scams
- Distribute examples of real scams received by your organization
- Create internal documentation of official communication channels
- Conduct periodic refresher training as new scam tactics emerge
Verification Workflows:
- Require dual verification before paying any trademark-related invoice
- Maintain a list of official trademark office contact information
- Implement a checklist for evaluating suspicious communications
- Designate specific team members authorized to make trademark payments
- Use secure payment methods tied directly to official government accounts
Invoice Processing Best Practices:
| Practice | Implementation | Benefit |
|---|---|---|
| Central Invoice Review | All trademark invoices routed through one person or department | Single point of verification and expertise |
| Payment Authorization | Require manager approval for payments over specific threshold | Prevents unauthorized payments |
| Vendor Verification | Maintain approved vendor list limited to official offices and retained attorneys | Blocks payments to unknown entities |
| Cross-Reference Checks | Match invoice details to internal docket/calendar systems | Confirms services are actually due |
| Official Account Verification | Verify bank account numbers against published official accounts | Prevents payment to fraudulent accounts |
| Documentation Requirements | Require supporting documentation before processing payment | Ensures payment legitimacy |
For Platforms Managing User Trademarks:
- Provide scam warnings during application submission
- Send educational emails about common scams to users
- Display warnings in user account dashboards
- Offer resources for verifying trademark office communications
- Implement reporting mechanisms for users who receive scams
Official Fee Schedules
Knowing what you should actually pay helps you immediately recognize fraudulent invoices demanding excessive fees.
USPTO Official Fees (2025):
| Service | TEAS Plus | TEAS Standard | Paper Filing |
|---|---|---|---|
| Initial Application | $250 per class | $350 per class | $750 per class |
| Section 8 Declaration (years 5-6) | $225 per class | $325 per class | - |
| Section 9 Renewal (years 9-10) | $225 per class | $325 per class | - |
| Combined Section 8 & 9 | $425 per class | $525 per class | - |
| Subsequent 10-year renewals | $425 per class | $525 per class | - |
EUIPO Official Fees (2025):
| Service | Fee | Notes |
|---|---|---|
| Basic application fee | €850 | Includes 1 class |
| Second class | €50 | |
| Third and subsequent classes | €150 each | |
| Renewal (10 years) | €850 base + class fees | Same structure as application |
| Grace period renewal | +25% surcharge | If renewed 6 months late |
| Opposition filing | €320 | |
| Appeal to Board of Appeal | €800 |
WIPO Madrid Protocol Fees: Basic fee CHF 653 plus per-country designation fees varying by country. Total costs typically lower than direct national filings when designating 4+ countries.
Cost Comparison: If someone invoices you $1,500 for a USPTO renewal that officially costs $425-525, you're looking at a scam. Always compare invoice amounts to published official fee schedules before paying.
Resources and Ongoing Vigilance
Staying informed about current scams and knowing where to find help protects you and your organization from evolving fraud tactics.
Official Warning Resources:
- USPTO Scam Warnings: uspto.gov/trademarks/protect (updated regularly with new scam examples)
- EUIPO Misleading Invoices: euipo.europa.eu (searchable database of fraudulent companies and invoice examples)
- WIPO Warnings: wipo.int (international trademark scam alerts)
- Better Business Bureau Scam Tracker: bbb.org/scamtracker (consumer-reported scams)
Professional Resources:
- U.S.-licensed trademark attorneys can verify communications and provide guidance
- Trademark professional associations (INTA, AIPLA) publish scam alerts
- Industry forums and communities share scam experiences
- Legal technology platforms may offer verification services
Staying Vigilant:
- Scam tactics evolve constantly—yesterday's red flags may change
- New scam operations emerge as old ones are shut down
- International coordination improves but scammers operate across borders
- Education and verification remain your best defenses
Signs the Scam Landscape is Improving:
- USPTO has achieved criminal convictions of scammers
- EUIPO's public database deters some fraudulent companies
- International cooperation between IP offices increases
- Awareness and education efforts reach more trademark holders
Signs Scams Continue to Evolve:
- More sophisticated spoofing and phishing techniques
- Better-designed fake documents mimicking official correspondence
- Targeted scams using detailed information from trademark databases
- Social media and digital channels providing new attack vectors
The most effective protection remains verification: When in doubt, log into your official trademark office account, check your status directly, and contact the office using phone numbers from their official website. Never rely on contact information provided in suspicious communications.
Frequently Asked Questions
Identifying Scams
Responding to Scams
Prevention
What's Next: Dealing with Legitimate Disputes
While scams involve fraudulent parties trying to trick you, trademark disputes arise between legitimate parties with conflicting rights or interests. When negotiations fail or cease and desist letters don't resolve conflicts, you may need formal dispute resolution or litigation. Chapter 18 explains opposition proceedings, TTAB and EUIPO processes, domain name disputes under UDRP, and when federal court litigation becomes necessary.