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Scammers Target Trademark Owners with Deceptive Emails
A recent surge in phishing emails has targeted trademark owners, posing a significant threat. These fraudulent messages employ scare tactics, urging recipients to act swiftly or risk losing their trademark rights.
Deception
Unlike typical phishing attempts that impersonate official government agencies, these messages appear to be sent by private entities. The usual claim is that sender is in the process of assisting a third party with federal registration of a trademark that happens to be identical or virtually identical to the email recipient’s trademark. The email recipient is urged to contact the sender to object to or prevent the third party’s alleged registration attempt. The recipient also is urged to contact the sender for assistance securing ownership of the trademark via the federal registration process. The emails contain false and misleading language. Responding could lead to payment for services that are not needed or required, or to payment of inflated fees.
Sources for the Suspect Messages
Recently, these types of deceptive emails have originated from various domain names, adding to the challenge of identifying them. Some recipients have reported receiving messages from seemingly legitimate companies, while others have encountered obscure domains that raise suspicion. Regardless of the sender's name, recipients must exercise caution.
How to Protect Yourself
- Verify the Sender: Scrutinize the sender's email address. Even if USPTO appears in the address, it may not be from the USPTO. The USPTO offers additional information concerning scams perpetrated on trademark owners.
- Check for Urgency Tactics: Scammers thrive on urgency. Pause and evaluate the situation. Legitimate trademark processes do not require immediate action under threat of losing rights, allowing time for due diligence.
- Consult Legal Professionals: When in doubt, consult an attorney specializing in intellectual property law. They can guide you through legitimate processes and help you avoid falling prey to scams. Also, your attorney can be recorded as the Correspondent of Record in connection with your trademark applications and registrations. You will then have the peace of mind of knowing that all official communications from the USPTO concerning your trademarks will be sent to you by your attorney.
- Report Suspicious Emails: If you receive a suspicious email, report it to the USPTO. They actively track and investigate fraudulent activities.
Protecting your intellectual property is crucial. Keep apprised of the latest methods scammers use to stay one step ahead.
Should you have any questions concerning e-mails received about your IP, please contact one of our intellectual property attorneys.
[A September 2024 update to this article is available on this web site. For additional information on other methods employed, please see “Unsolicited Patent and Trademark Services.”]
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Disclaimer: This alert has been prepared by Eastman & Smith Ltd. for informational purposes only and should not be considered legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney/client relationship.