Fool me once, shame on you! Fool me twice? I’m calling my lawyer.
If you’ve just filed your trademark or registered for a formal business entity, it’s time to prepare yourself for potential fraudulent activity coming your way.
Why does this happen?
When you register a formal business entity in your state, certain information about your business becomes public record for anyone to access. Some of that information may include your business name, your registered agent and their address, and names and addresses of managers or members.
Same goes for Trademarks – the United States Patent and Trademark Office (USPTO) must make certain information public when you apply for a trademark. This includes the trademark owner’s name, address, and email address.
While this ensures that someone can find you in the event they want to sue you or have legitimate reasons for contacting you, it is also all the information that someone with nefarious intentions would relish.
How do you identify fraudulent notices/letters?
First of all, know what you are up against. Fraudulent letters or notices can come through multiple mediums, including text messages, emails, and paper mail. Fraudsters will often use urgent language to grab your attention, employing words and phrases such as “emergency” and “immediate attention required”.
These persistent communication attempts will almost always include a demand for payment. Remember, scammers make their living by generating fear and profiting from it. Payment requests should raise the brightest red flag, particularly if the request is for a wire transfer, gift cards, cash, or is requested over the phone. Another tell requires a keen eye. Scams may include typos, grammatical errors, or other clerical errors that the actual USPTO or your state governing body would catch. In fact, some fraudulent correspondence may even contain fine print language that clarifies that they are not officially associated with the USPTO or government. (Cheeky move!)
When you receive a questionable notice, be sure to check the source. Does the email address come from a “@uspto.gov” or official government address? Is the phone number a US number? Specifically, is the area code from Alexandria, Virginia? (That’s where the USPTO is), or from the state where your entity was filed?
If you receive correspondence regarding your trademark or business entity, cross-check email addresses and phone numbers with verified contact information that is publicly available and check with your attorney if you are unsure. Also, remember that the USPTO and government entities will never ask for payment over the phone!
Already Been Scammed?
Here are some crucial steps to take if you’ve been scammed:
- Preserve evidence. Screenshot away! Save all correspondence and receipts. Cross-check any suspicious notices with other official notices received.
- Report the scam. The jig is up, fraudster! Report any suspicious activity to the Federal Trade Commission and the USPTO’s fraud service by emailing TMScams@uspto.gov. Submit a complaint to the Better Business Bureau, report mail-based fraud to USPS, and notify your state agency offices.
- Protect yourself from further harm. Protect your peace, and more importantly, your assets! Contact your bank to dispute credit card charges, consult with an attorney to review your application, and keep an eye on your credit score for any sudden changes.
Scammers target success. As you grow your business, make sure you protect your brand with the same dedication it took to build it!
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