Patent Attorney and Founder
Question:
The company that designed my logo a couple of years ago has contacted me, saying that another company has applied to register the name. If I want to avoid legal action, I may need to cease using it. Is this legitimate? I own the domain name and have a registered business. I’m worried because I’m a small business and don’t want to give it up, but I also don’t want to be sued. Please advise me on what to do and where to get help.
Answer:
Matt: There’s a very small chance that this is legitimate. Generally speaking, this is a recent scam targeting USPTO applicants. You’ll get an email from a law firm or a foreign correspondent office, often from places like China, or a marketing firm claiming that your trademark is being used by someone else. They may offer to register the trademark for you or demand that you purchase something to secure the brand. I’m 99.9% certain this is a scam.
JD: That was my hunch too. The same company that designed the logo is now contacting me, which seems a bit off.
Matt: Yes, they might have gone through a “logo mill” that sells the same design to multiple companies. This could be what’s happening here as well.
JD: What’s a surefire way to find out if this is legit?
Matt: I would recommend asking for more information and talking to a trademark attorney. They can provide you with a professional assessment. There are many scams targeting USPTO applicants, especially with the rise of AI and automated messages. Some clients even receive spoofed phone calls claiming to be from the USPTO.
JD: That’s concerning.
Matt: Yes, it is. Scammers are getting more sophisticated, even making their calls appear to come from the USPTO. If you have legal counsel, always reach out to them for verification. The USPTO will never contact you directly if you have an attorney on record; they will contact the attorney, who will then contact you. Be cautious of unsolicited emails, phone calls, and mailings claiming to be from the USPTO or related organizations. Always verify through your attorney.