Waylon Cunningham

Applying for a patent or trademark with the United States Patent and Trademark Office (USPTO) comes with an unexpected risk —your mailing and email addresses become part of the public record.

Unfortunately, this exposure makes you a target for misleading solicitations.

While some offers may come from legitimate service providers, many are deceptive scams designed to trick you into paying unnecessary fees. Here’s what you need to know to stay protected.

How the scam works

Shortly after filing your application with the United States Patent and Trademark Office (USPTO), you may start receiving a flood of letters and emails disguised as official notices. These messages often appear legitimate, claiming to be from a “trademark office,” a “U.S. agency,” or even the USPTO itself. What makes them especially deceptive is that they may include accurate details, such as your application serial number or registration number, to make them seem more credible.

Scammers frequently send fake invoices or misleading letters, making it appear as though you must pay additional fees to comply with trademark regulations. One individual reported to BBB Scam Tracker that a scammer posing as a U.S. trademark attorney named Raul Gonzalez attempted to collect $199 under the guise of a “Letter of Confirmation.” The fraudster also requested personal identifying information, including an ID, driver’s license, and social media accounts linked to the trademark application—a clear red flag.

These deceptive tactics are designed to pressure applicants into paying unnecessary fees or revealing sensitive personal information. Knowing how to spot these scams can help you protect your trademark application and avoid falling victim to fraud.

How to avoid trademark scams

Review your application status regularly on the USPTO website. By checking the official website regularly, you’ll know for sure if you owe any fees or have any pending deadlines for responses during the application process.

Check the domain name. If you receive an email you aren’t sure about, check the sender’s domain name. If it doesn’t end in “@uspto.gov,” it isn’t from the USPTO and you are under no obligation to reply.

Check the return address. Official communications from USPTO will only come from the United States Patent and Trademark Office in Alexandria, Virginia.

Research trademark companies before you hire. If a company appears legitimate and you do need assistance with the application process, think twice before you hire. Research the company thoroughly and make sure an experienced trademark attorney will be overseeing the work. Remember, only an attorney can represent you before the USPTO; most companies can’t.

Hire a trademark attorney. If you can, the USPTO highly recommends hiring a trademark attorney to assist you with the federal trademark registration process, which is in fact a legal proceeding. If you do, the USPTO will communicate solely with the attorney regarding deadlines, unresolved issues, and Office Actions, and you can safely disregard any solicitations you receive personally — or you can consult with your attorney about them. Even if you already applied on your own, you can still seek advice from a trademark attorney if you have any issues during the process.

Understand that registries are optional. The USPTO has the only official database of federally registered and applied-for trademarks in the U.S. Once you’ve paid the application fee, your trademark is automatically listed in the database. You don’t need to pay fees to have it listed in the official database, and listing your trademark in other registries is entirely up to you. For Canadian business owners, begin your search at the Intellectual property and copyright webpage.

If you’ve received misleading or dishonest solicitations about a trademark or patent application, you can file scam reports with the Federal Trade Commission and with BBB at BBB.org/ScamTracker. You can also report your experience directly to the USPTO by sending an email to TMFeedback@uspto.gov.