Q: Received suspicious trademark cancellation notice demanding payment. What should I do?
I received a notice for a pending trademark cancellation demanding $1170, which I suspect is fake. The notice threatened to cancel our trademark "Spirit Hustler" (filed on Dec 17, 2021, number 97178378) next week. It was sent via mail with instructions to send a check to an address in Bothell, WA. I have not had any prior issues with this trademark, and there is no expiration date listed on the online trademark database. I am planning to contact a legal authority to verify authenticity. How should I proceed?
A: Consult with a trademark attorney immediately. Generally, there are plenty of scammers that attempt to go after unrepresented individuals and organizations. These scams sometimes impersonate real attorneys and this has been an ongoing problem in our industry.
A:
You can check the current status of your trademark registration directly on the USPTO’s official database by visiting:
https://tsdr.uspto.gov/#caseNumber=97178378&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.
To determine whether a petition for cancellation has been filed against your trademark, you may search the publicly available docket of the USPTO’s Trademark Trial and Appeal Board (TTAB) using your registration number:
https://ttabvue.uspto.gov/ttabvue
If you would like a more specific analysis or have concerns about your trademark rights, please feel free to contact our office to schedule a complimentary initial consultation.
A:
Scams are becoming more prevalent because the trademark owner's information is public.
Public resources can be found here: https://www.uspto.gov/trademarks/protect?MURL=TMFraud
A:
Based on my research, this is 99.99% a scam. The notice you received follows a well-documented pattern of fraudulent trademark solicitations that prey on trademark owners.
The Better Business Bureau has numerous complaints about a "Patent & Trademark Office" in Bothell, WA sending deceptive notices demanding payment to avoid trademark cancellation. Many people have reported receiving these fake notices demanding fees ranging from $850 to $1650 for trademark renewals.
Don't send any money or respond to this notice. All legitimate USPTO correspondence comes from the "United States Patent and Trademark Office" in Alexandria, Virginia, and all official emails come from the domain "@uspto.gov". These scammers deliberately use names that sound official to create confusion.
To verify your actual trademark status, go directly to the USPTO website (uspto.gov) and use their Trademark Status and Document Retrieval (TSDR) system. Enter your trademark registration number to check your actual status, filing due dates, and view all official documents related to your trademark. You can also contact the USPTO's Trademark Assistance Center at 571-272-9250 or 800-786-9199 if you need help verifying your trademark status. Consider reporting this scam to the Federal Trade Commission (FTC) and the USPTO to help protect other trademark owners.
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