20 Oct How to Tell the Difference Between Advertisements and USPTO Communication

You’ve submitted your trademark application to the United States Patent and Trade Office (USPTO) for review. Now, all that’s left to do is wait. Shortly after your submission, you may start getting communications in the mail regarding your application. Your submission is public record, so how do you know if the letters you are getting are actually from the USPTO or are just unwanted solicitations?

The USPTO reviews trademark applications and determines whether the applied-for mark meets the requirements for federal registration. When your business submits its application for a trademark, this initiates the review process. Because trademarks can be a complex matter, there may be some back-and-forth between the USPTO and your business before they render their final decision. At the end of its review, the USPTO has the sole authority to register trademarks.  

Unfortunately, some companies out there have taken advantage of this process and have started sending trademark seekers solicitations that look very similar to official USPTO correspondence. It’s important to know the difference between an advertisement and official communication from the USPTO. Knowing difference could save you thousands of dollars and can help keep your application on track.

Not Every Communication is Legitimate

When you receive communications about your trademark application in the mail, it is important to be cautious about whether that letter is from the USPTO or from a private company soliciting your business. When you file your trademark application, your business name, address, and other information become public record. Advertisers can use public record search tools to find your company’s information and may contact you to make their sales pitch. While some companies offer legitimate services, others are simply running a scam – and it’s hard to tell who’s who.

Some trademark applicants have lost a lot of money paying for unnecessary services or services that were never rendered. Worse, some companies have failed to meet USPTO filing deadlines because they paid an advertiser to take these actions on their behalf and the company never followed through. More and more applicants are losing money to fraudulent trademark-related solicitations. The problem is so prevalent that the Federal Trade Commission published a notice in July 2017 to trademark applicants warning them about questionable trademark-related correspondence from private companies. Fortunately, both the Federal Trade Commission and the USPTO have taken steps to address this problem. In the meantime, it’s important that all trademark applicants carefully scrutinize any and all correspondence they receive regarding their application.

Keep in mind that, because solicitors have access to some of the details of your application, they can make their advertisements seem very realistic. You may receive a notice from an advertiser stating the correct deadline for your application or other accurate information about your application or registration. It may be tempting to respond to these advertisements just in case they are the real deal. However, doing so could end up costing both time and money, and may encourage a fraudulent company to continue contacting you. Instead of responding, learn how to spot these advertisements. If you do get a misleading advertisement related to your trademark, you can file a consumer complaint with the Federal Trade Commission. This agency has the legal authority to shut down these companies to protect trademark seekers like you.

3 Easy Tricks for Spotting a Trademark-Related Solicitation

It’s not immediately obvious what is an advertisement versus official correspondence from the USPTO. This is true of both traditional mail and email correspondence. Marketing companies and other businesses take advantage of this confusion to try to sell trademark seekers unnecessary services. In many cases, the USPTO will communicate with a trademark applicant or the applicant’s attorney via letters and email. It’s important to know what each type of official correspondence looks like, so you can tell the difference between letters or emails from the USPTO and those from advertisers. Once you know how to spot the ads, you can more easily sift through the “junk mail” to get to the real notifications from the USPTO.

Here are three quick steps to take when you encounter a suspect letter or email:

1. Check the address – All official correspondence about your trademark application or registration will be from the “United States Patent and Trademark Office” in Alexandria, Virginia. The USPTO does not send mail from any other physical location, including Washington, DC. All official email will be from the “@uspto.gov” domain. Be sure to look carefully at the mailing or email address on any correspondence.
2. Check the sender’s name – Many trademark-related advertisers will have names that include the words “trademark,” “U.S.,” “office,” or “agency.” These companies may include these terms in their name in order to confuse an applicant into responding. Recently, a fraudulent company named “Patent & Trademark Agency” based in New York was found to be sending misleading mail to trademark applicants. This company would send fake “trademark orders” to applicants demanding hundreds of dollars for their registration fees. Keep in mind that official communication from the USPTO will always state the agency’s full name, “United States Patent and Trademark Office,” and never an abbreviation.
3. What are they requesting – The USPTO will never ask a trademark applicant to wire funds or send them any money using a correspondence of this type.  USPTO fees are paid directly to the USPTO (usually via their website) at the time that the application or relevant documentation is submitted. If the solicitation is asking for money, that is a red flag.

Ask an expert – When in doubt, check with a trademark lawyer before responding to any correspondence that looks suspicious to you. An attorney can sift through false advertisements and find the official correspondence, so you don’t have to worry about missing deadlines and losing money.

Hiring a trademark lawyer at the outset of your application process can help you avoid getting solicitations in your mailbox and your inbox. Not only will your attorney have the legal experience to handle your application, but they can also deal with the follow-up paperwork so you don’t have to. Your trademark lawyer will know the difference between ads and official notices. They can also take real action on the notices you may receive from the USPTO so that your application process goes as smoothly as possible.

Contact The Brand Protected® today to discuss how we can protect you and your business throughout the application process. Deciding to register your trademark is an exciting step toward growing your company and your brand. Handling the application and following paperwork is decidedly less exciting for business owners, so let us help. Contact our office to set up an appointment.