by Jonathan A. Nelson
From time to time, clients ask me what to do with an apparent legal notice they have received. My colleagues at our associated firm Gammon & Grange, P.C. have written the following helpful article on one scam that targets small business owners and other dealing with intellectual property.
If it feels like scammers and charlatans are hiding in every digital corner of the internet, it’s because they often are. Within the past few years, deceptive practices have taken the form of trademark scams. And they’re targeting creators and organizations who enact due diligence to protect their intellectual property.
Registering your creative work is mandatory to defend your creative work against infringers. However, this vigilance is introducing new risk to trademark owners. That’s because when you file a trademark application with the United States Patent & Trademark Office (USPTO), your trademark and owner information becomes public record.
Bad actors have been using this public information to send deceptive documents (that appear official) to trademark owners, luring them into costly scams. Be aware that the USPTO does not send invoices. If you receive a registration invoice, it is likely part of an extensive network of patent and trademark bureau scams.
How Trademark Scams Weaponize Deadlines
Trademark scams often use information about a trademark’s mandatory filing deadlines to deceive owners into sending them money to maintain their trademark.
To keep your trademark registration alive, you must file mandatory maintenance filings five to six years after registration. You also must renew your registration before the tenth year of registration lapses.
Virginia attorney Jonathan A. Nelson uses his extensive legal knowledge and trial experience to resolve conflicts, negotiate settlements, navigate compliance matters, and vigorously advocate in the courtroom in order to achieve the best possible outcomes for his clients. He practices in estate planning, probate, trust and estate administration, corporate law, and civil litigation related to these fields.
The attorneys of Smith Pugh & Nelson, PLC, offer the experienced counsel, personal attention, and customized legal services needed to address the many complex issues surrounding estate planning, probate, and trust administration. Contact us at (703) 777-6084 to schedule a consultation.