Trademark applications are surging in the United States, with the United States Patent and Trademark Office (USPTO) reporting a sixty percent increase in applications for the first six months of 2021 alone due to historic E-commerce growth.
This increase in registrations has also resulted in a dramatic increase in trademark scams. Every day, third parties are using the USPTO name to defraud consumers or steal sensitive information. This is usually done by sending official-looking communications that appear to be from the USPTO asking for the payment of overdue “maintenance fees” or database registry charges.
These scams have become so sophisticated that the USPTO is now taking legal action to prevent bad actors from using their name and likeness to prey on trademark holders and applicants. Ironically, one such step that the USPTO is taking in its battle against scammers is to file for the protection of their own trademarks.
On August 4, 2021, the U.S. Department of Commerce filed trademark applications for the names United States Patent and Trademark Office, USPTO and their official logo. The application specifies multiple goods and services, ranging from maintaining registries of trademarks to providing training in the field of intellectual property rights.
Don’t expect to see any special favors for the USPTO during the approval process, however. The U.S. Department of Commerce filed on behalf of the USPTO to avoid conflicts that could arise by the USPTO examining its own filings. As such, they will go through the full process like any other applicant, which could take six months or longer to complete.
Referring to the USPTO’s failure to register its own trademarks since the inception of the agency 46 years ago, a representative wrote in a blog post that it’s “never too late to do the right thing.” We can’t help but agree. While it will take some time for the USPTO to secure its marks, having such rights will allow the agency to battle scammers more aggressively who use their likeness to defraud consumers out of their hard-earned money.
Finally, as a general rule of thumb, if you receive any correspondence that claims to be from the government asking for sensitive data or the payment of maintenance fees, contact your attorney before you do anything. We are often forwarded such letters from our clients and in 99% of cases they are fraudulent. Please do your homework before you send any money to third-party claiming to represent the USPTO!
If you have additional questions about trademark scams, please know that we are here to guide you. We represent trademark applicants located throughout the United States and across the globe. Contact us at (888) 666-0062 to schedule an appointment.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.
