Vigilance and Best Practices: Protecting Trademark Owners from Evolving USPTO Scams

Partners Jill Chalmers and Matthew Minder, and Counsel Damon Whitaker and Steve Trubac authored a piece for Law.com and the IP Strategist regarding the need for trademark applicants and owners to be vigilant against increasingly sophisticated scammers posing as official U.S. Patent and Trademark Office (USPTO) representatives — emphasizing best practices and the importance of legal counsel to protect their intellectual property.

Attorneys and companies are witnessing a paradigm shift in scams that misuse publicly available information from the USPTO to deceive trademark applicants and owners. The scams, often appearing as official USPTO correspondence or impersonating USPTO personnel, solicit unnecessary services or payments. The USPTO has dedicated resources to educate the public on recognizing these frauds, which are increasing in complexity. In the article, the authors provide an in-depth guide on key measures to safeguard against such frauds, reporting options, and the importance of using trademark counsel’s contact information in filings— emphasizing essential communication between trademark owners and their attorneys to mitigate risks and maintain the integrity of trademark protections.