Wednesday, June 17, 2015

Trademark solicitations made to appear like official correspondence

If you are a trademark owner with a registered mark or even a pending application you have probably received at least one official looking mysterious letter written in somewhat arcane language quoting a price - often quite a steep one - for a vaguely worded service.  These letters (and sometimes emails) come from companies with important sounding names such as U.S. Trademark Compliance Office, Patent and Trademark Bureau, and unbelievably, even Patent & Trademark Office. You can see a list  (by no means exhaustive) of some of these providers of entertaining correspondence here:       http://www.uspto.gov/trademarks-getting-started/non-uspto-solicitations

As a trademark attorney, I usually hear about these wonderful organizations when a client of mine has received one of their offers (or should I say when a client of mine has been targeted).  The client will often forward the correspondence to me asking whether it is legit or a scam. My reply usually involves advice that the client file the letter in the wastebasket. 

This is what happened this morning, when I heard from a client who had received a letter from the incredibly important sounding Patent & Trademark Office.  Coincidentally, the U.S. operates a government agency known as the United States Patent and Trademark Office. Imagine that! You have to wonder if the good people sending out the letters from Patent & Trademark Office are aware that the name they are using is very confusingly similar to the U.S. government agency that actually registers trademarks. The solicitation my client received (redacted):



What a great deal! Only $1745.00 to prepare and file a declaration of continued use & renewal application including filing fees in one class! (this is sarcasm). 
Basic take-away - if you get a letter that seems like it's from a government agency asking you to pay big bucks for anything related to your trademark registration or trademark application, first thing you should do is to call your lawyer. Whatever you do, don't just pay.

And that is my little rant for the day. 

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