Common Trademark and Patent Scams

Abhishek Kumar

30 Mar, 2024

In the United States, protecting your intellectual property, including trademarks and patents, is crucial for the success and growth of your business. However, scammers and fraudsters always seek unsuspecting individuals and companies to exploit. They employ deceptive tactics to trick you into falling victim to trademark and patent scams. In this article, we will explore the definition of trademarks and patents, discuss common trademark and patent scams in the USA, explain how scammers obtain your information, and provide essential tips on safeguarding yourself from these fraudulent practices.

Understanding Trademarks and Patents:

Trademarks: A trademark in the USA is a symbol, logo, phrase, or design that distinguishes the origin of goods or services delivered by a particular business. It is a unique identifier and offers legal protection against unauthorised use or infringement.

Patents: Patents, on the other hand, protect inventions and grant exclusive rights to inventors. They provide legal protection for new and valuable inventions, preventing others from making, using, or selling the patented invention without permission.

Common Trademark Scams:

• Renewing Your Trademark: Scammers may send deceptive invoices or official-looking letters claiming that your trademark registration is up for renewal. They may charge exorbitant fees or use fear-inducing tactics to deceive you into paying for unnecessary services. Always verify such notices with the official authorities and consult with a qualified attorney.
• Buying Domain Names: Scammers monitor trademark applications and registrations to identify potential targets. They may register domain names similar to your trademark and offer to sell them to you at inflated prices. Be cautious when approached with such offers and consider consulting with a legal professional.
• International Trademark Registration: Fraudulent organisations may contact you, claiming to provide international trademark registration services. They often request hefty fees and promise widespread protection. Working with reputable trademark attorneys and consulting official intellectual property offices¹ for international registration is essential.

Explaining Patent Scams:

• Invention Promotion Companies: Some companies offer to help inventors market and monetise their inventions but charge excessive fees upfront. Be cautious when dealing with these companies and research their reputation before entering agreements.
• Bogus Patent Services: Scammers may pose as patent attorneys or agents, promising to assist with patent applications. They may request hefty upfront fees but provide little to no actual service. Always verify the credentials and reputation of any patent professional before engaging in their services.
• Invention Submission Companies: Similar to invention promotion companies, these entities may claim to assist inventors with marketing and licensing their inventions. However, they often provide little value and charge substantial fees. Research thoroughly and seek recommendations before engaging with such companies.

How to Protect Yourself:

• Conduct Due Diligence: Before engaging with any company or individual offering trademark or patent services, thoroughly research their reputation, credentials, and track record. Seek recommendations and consider consulting with a qualified attorney specialising in intellectual property law.
• Use Trusted Professionals: Work with reputable trademark attorneys or patent agents registered with the appropriate authorities. They can guide you through the registration process and protect your interests.
• Stay Informed: Stay updated on the latest trademark and patent scams by following official sources, such as the United States Patent and Trademark Office (USPTO) or the Federal Trade Commission (FTC). Educate yourself on the red flags and warning signs of fraudulent practices.

Conclusion

Protecting your trademarks and patents is crucial for maintaining the integrity and success of your intellectual property in the USA. You can safeguard your valuable intellectual assets by understanding common trademark and patent scams, being vigilant, and working with trusted professionals. Remember to conduct thorough research, seek recommendations, and consult with qualified attorneys to navigate the complex landscape of trademarks and patents, ensuring your intellectual property remains secure.

FAQs

1. https://www.uspto.gov/