Common Trademark and Copyright Registration Scams
Registering trademarks and copyrights is often an important and worthwhile investment for small businesses and creatives. Unfortunately, scammers know this. In recent years, scammers have increasingly been targeting trademark and copyright registration applicants. This post provides some insight into common scams so that you can avoid them.
Common Trademark Registration Scams
These scams typically involve impersonation of the United States Patent and Trademark Office (“USPTO”) at varying stages of the application process. These scams can be very convincing given the public nature of the application process. Scammers have access to publicly available information relating to applications and can cite this information to appear legitimate. A general red flag to look out for is whether the person or entity is urgently asking for personal or payment information over the phone, in an email, or in a text. USPTO employees will never ask for personal or payment information over the phone, in an email, or text. Any necessary filings typically have a deadline of around three months (this can vary depending on the filing).
Some of the most common trademark registration scams include:
Spoofing websites: Scammers create websites that look very similar to the USPTO.gov or my.USPTO.gov websites to trick applicants or registrants into disclosing personal or payment information. Spoofing websites can be identified through careful review of the domain name. The official domains are “USPTO.gov” or “my.USPTO.gov.” Anything else, such as “USPTO.org” (a confirmed spoofed website), are scams.
Fake maintenance notices or office actions: Scammers demand payment relating to filings such as office actions or statements of use via email or phone call. These scams threaten loss of rights if payment is not made immediately. All official documents relating to a trademark registration application can be located in the public Trademark Status and Document Retrieval (“TSDR”) portal (any such office actions or notices will also be sent to the attorney of record or other correspondent). The documents on the TSDR can confirm whether any action is necessary and will contain official instructions for response and payment.
“Publication” or “registry” fees: Third parties (entities that are not the USPTO) can claim that a trademark must be published in non-USPTO databases in order to obtain rights. These databases are not affiliated with the USPTO and do not impact trademark rights.
Requests for USPTO.gov account credentials: Scammers can impersonate the USPTO or private attorneys in order to gain access to applicant or registrant USPTO accounts. USPTO employees do not need this information. Attorneys have their own USPTO login credentials. Any requests for this information are most likely fraudulent.
More information about different types of known trademark registration scams can be found on the USPTO website.
Common Copyright Scams
There are similar scams relating to copyright registration. Additionally, scammers in the copyright space often allege copyright infringement and demand payment to avoid penalties. The U.S. Copyright Office does not sue others for copyright infringement.
Frequent copyright‑related scams include:
Allegations of infringement from the Copyright Office: Scammers claim that a work violates copyright law and demand payment to avoid fines or criminal penalties. The Copyright Office does not sue for copyright infringement or act as a private enforcement agency so any such allegations purporting to come from the Office are a scam.
Fake copyright registration services: Scammers will offer copyright registration services often for “expedited approval” or “guaranteed registration” for high fees but never submit applications. Application approval cannot be guaranteed; any service that guarantees registration is likely a scam. Only the Copyright Office can issue a valid registration certificate. Additionally, the Copyright Office fees are publicly available information. Scams may cite incorrect filing fee information.
Fake correspondence or errors in application: Scammers will contact an applicant via phone or email in order to “fix errors” in an application for a fee. The Copyright Office does request corrections or payments over the phone. Scammers frequently request payment of fees in an urgent or unusual manner (such as gift cards or payment applications).
As with trademark scams, these messages often rely on official‑looking logos, legal terminology, and short response windows to create panic.
How to Protect Yourself
These days, many scams are sophisticated and difficult to identify without prior knowledge and/or careful review. Copyright and trademark scams frequently use official-looking logos and partially correct legal terminology.
The safest approach is to verify before you respond or pay:
Confirm trademark correspondence directly through the USPTO’s official systems;
Check the accuracy of any domain name (remember that legitimate government emails come only from “.gov” addresses);
Be wary of payment requests involving wire transfers, gift cards, or payment applications (e.g. venmo);
Consult an intellectual property attorney if you are unsure whether a notice or communication is legitimate.
If you are unsure whether a website, notice, or message relating to copyright or trademark registration is a scam, an experienced intellectual property attorney can help. Beyond avoiding scams, legal counsel ensures your trademarks and copyrights are registered correctly and aligned with your business goals. Contact us if you need help with verifying whether or not something is a copyright or trademark registration scam.