The Deceptive Letters
The United States Patent and Trademark Office has just released a warning that unscrupulous companies are attempting to deceive trademark owners into paying unnecessary trademark fees. Using confusing names, like “United States Trademark Registration Office,” these companies send out thousands of letters, attempting to collect necessary “Processing Fees.” The letters use language like: “WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS ABOVE DURING THE SPECIFIED TIME PERIOD.” They also incorporate publicly available trademark application and registration information from the United States Patent and Trademark Office, making them appear like official government documents. While the failure to pay certain fees and file certain documents may result in the abandonment of the owner’s trademark, none of the “Processing Fees” requested in these letters go toward paying the government fees required to prevent abandonment of the owner’s trademark.
The Trademark Office
So many of these deceptive letters have gone out to so many trademark owners, that the United States Patent and Trademark Office has stepped in, posting an official warning on its website. The Office of the Solicitor of the United States Patent and Trademark Office even sent a cease and desist letter to the outfit calling itself the “United States Trademark Registration Office.” The United States Patent and Trademark Office is warning trademark owners to be on the lookout for deceptive letters that appear to be sent from the United States Patent and Trademark Office.
What Can You Do?
The most important thing you can do is to not pay these unnecessary fees. If you had a trademark attorney file your federal trademark application for you, the Trademark Office will not send you anything directly. All official correspondence will go directly to your attorney. If you are unsure whether a letter is legitimate, contact your attorney. If you do not have a trademark attorney, contact a local trademark attorney. Trademark attorneys will often give you a few free minutes on the phone to answer questions regarding potential scams. If you have received a deceptive letter requesting fees associated with a trademark, contact your state’s Attorney General. You should also file an on-line consumer complaint with the Federal Trade Commission (“FTC”), at www.FTC.gov and email the United States Patent and Trademark Office at TMFeedback@uspto.gov.