Good Morning! The USPTO has reported this scam. There is a new phone call trademark scam starting up – as if we needed another one.
The USPTO publishes a list of 85 documented scam examples.
See – https://www.uspto.gov/trademarks/protect/recognizing-common-scams
(See more links about scams below.)
Personally, I’d add add all the trademark services and attorneys who do not do true comprehensive legal research as scams as well. On the border is LegalZoom who had tried to do comprehensive research before, but lately has dumbed down their common law searches to save $. Most who don’t try are definitely damaging their clients to make a quick buck. When you do as many trademarks as we do, you see all the people who have to change their business and product names because little to no research was ever done to avoid infringement and acceptance at the USPTO. Other firms have 10 years to move to cancel a registered trademark. The new scam is done right after a new trademark is filed. The caller id spoofs the USPTO main phone #. The caller says they a USPTO trademark attorney. They say they will approve their trademark application for $225, then the TM symbol can be used right away. They ask for a credit card payment on the spot to compete the scam. One of our clients alerted us to this event. I reached out to Jason Lott, one of our contacts at the USPTO.
Here’s our LinkedIn exchange: WEDNESDAY View Chris’ profile
Chris DeMassa 3:28 PM
Hi Jason, hope you are doing well. The person I was referring to above, in Sept, said she did not want to cooperate in providing any more details.
Today, I have another one. A client of ours who just filed April 2 just told me he has received 2 scam overtures. They seem very aggressive given he just filed a few weeks ago. One was the WTR $1420 offer to publish in their directory. Isn’t that World Trade Review? Our client is sending a copy. The alarming one was a call he received from someone saying he was from the USPTO. The # on caller ID was 571-272-1000. Obviously a spoof #! They told our client they’d approve their trademark application for $225, then he could use the TM symbol. Our client applied for a service mark in Class 42. Chase Bank flagged it as a possible fraud for 3 days, until our client approved it a few hours ago. I happened to call him about another trademark he had wanted. Have you heard of these new fraud efforts?
Usually I have only seen trademark renewals targeted.
Thank you!
Chris 650-948-0530 -or- Zoom Anytime @https://bit.ly/TradeMarkZoomMeeting
Chris DeMassa 5:19 PM
042623 – xxxxxxxx – WTP scam letter.pdf
Hi Jason. see attached. The WTP scam letter. Chris 650-948-0530
THURSDAY Jason Lott sent the following message at 3:38 PM
Jason Lott 3:38 PM
Yeah, it’s getting really bad out there. We actually just had a scam awareness webinar today trying to get the word out about these scams.
https://www.uspto.gov/about-us/events/trademark-scams-how-avoidthem-and-what-do-if-you-get-fooled
The phone spoofing one is fairly new, but has been circulating for a bit. https://www.uspto.gov/trademarks/protect/spoofing-phone-numbers. The WTP scam is older, but they might be using a new address. You can see PDFs of all the scam letters we’ve collected over the years (including two from WTP) on our “Caution: Scam alert” page: https://www.uspto.gov/trademarks/protect/caution-misleading-notices.It’s good you’re keeping an eye out for your clients. If it’s helpful, be sure to direct them to our “Protect against trademark scams”page: https://www.uspto.gov/trademarks/protect. There’s lots of good information there.
All the best!
This still is the best trademark video ever. Even if you have seen it before, take a look again. NOTHING is more important for your business than your intellectual property! Crash Course Trademark Primer Video: Trademarks and Avoiding Consumer Confusion: Crash Course Intellectual Property #5
https://www.youtube.com/watch?v=3gWaAJR5L18 We have been using this copy for over 20 years: Comprehensive legal I.P. research is needed to make sure your trade name is LEGALLY CLEAR, before opening, before expansion, before incorporation or before designing your logo. Similarities in sound, appearance and meaning affect legal availability too.
Talk to us about filing with the USPTO!
July 31, 2022 was our 30 Year Anniversary! FACT – TradeMark Express has not had a final refusal at the USPTO in 15 years. We have never had a refusal in Canada, or any other country ever – in 30 years.Our work, and your heeding the advice of our network of 10 trademark attorneys has added up to ZERO trademark filing refusals at CIPO and the USPTO since 2008.
We wouldn’t be the oldest, most successful trademarking service in North America without your business. We also seem to be the last trademark service including some inexperienced trademark attorneys, who believe in ACTUAL COMPREHENSIVE legal research to determine if your trademark is LEGALLY CLEAR, before use and before filing any trademark application – just like the USPTO expects. Yes, this legal research work is needed – even if not trademarking.
Trademarking is advantageous, but every mark must be LEGALLY CLEAR, based on trademark law. IF a comprehensive clearance legal research report isn’t 600-800 pages, then it simply is not done. When enough research strategies are done correctly, and enough databases are correctly accessed, then and only then will there be a sizable enough report to prove If any given mark is LEGALLY CLEAR or not.
The problem for most firms is that they rely way too heavily upon an exact name search on the Internet, and maybe a direct hit search on the CIPO or USPTO websites. They may have been infringing upon some other firms rights in the first place because comprehensive clearance legal research wasn’t run before first use, or business start-up. I believe a vast majority of small businesses are totally unaware of the risk they take when they do not do a full legal search.
At a time when MANY competitors and attorneys are shying away from doing comprehensive clearance research, from what used to be a 100% practice in 2010, TradeMark Express has chosen to increase its talent in this critical area.
Additionally, we will continue to call out the negligent competitors who sell trademark “application only” services, based on light Google and direct hit TESS searches, including unethical attorneys who do not keep the promise to their clients to protect their best interests. Former USPTO Commissioner David Gooder called these people “trademark mills”, who “damage” their clients. It is wonderful to come to work without fear of an angry phone call when a trademark is refused, like our competitors tolerate every day just for their quick application only sales. BEWARE of “TRADEMARK MILLS”, as described by USPTO Commissioner David Gooder, on a conference call with me on June 11, 2021.
Thank you!
Chris DeMassa 650-948-0530 / Marcela 202-496-1600 / Heather 714-401-3030
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