As we have previously discussed, it is essential to remain diligent to avoid trademark scams. Such scams are becoming more prevalent and increasingly sophisticated and can convince even the most cautious targets. Scammers use tactics such as displaying a realistic USPTO seal, impersonating USPTO officials, offering lower-cost registration or making urgent appeals for money. Other red flags include strange hyperlinks, spelling mistakes, notices from a foreign entity or email addresses that contain unfamiliar domains (lettering after the “@” symbol).

The USPTO regularly updates its extensive online resources for recognizing scams. For example, it recently issued an alert about a scam where scammers are writing to trademark owners demanding a $599 “attestation fee” and referencing the non-existent Department of Government Efficiency.

In response to the increase in scams, the USPTO registered four marks for “USPTO” and “United States Patent and Trademark Office.” While acknowledging the irony of the USPTO’s need for such applications to protect consumers, it is even more astonishing that a cursory search of the USPTO’s official Trademark Search Database lists at least three applications with the USPTO (all abandoned) to register USPTO EXAMINERS, USPTO EXAMWARE and PROFESSOR KAYTON’S USPTO.

As a reminder to Lutzker & Lutzker clients, if you have any questions about a notice or a potential scam, please consult us by emailing jeannette@lutzker.com before responding.