Imagine That IP Law Blog

A client of ours received a suspicious letter just one week after filing a USPTO trademark application. The sender listing an address in Bluffton–Hilton Head, South Carolina offered a “publication” of the trademark for $1,450. In reality, you do not need to pay any third party to “publish” your mark, and paying won’t speed anything up. The value of that so-called “publication” is $0—it provides no legal rights, no procedural benefit at the USPTO, and no impact on your application.

Fraudulent or misleading solicitations are a longstanding issue for trademark owners and acknowledged by the USPTO. A long list of examples can be found on the  USPTO website.

If you receive a similar suspicious letter, you can discard it. Or better yet, report it to the USPTO, the FTC, and the U.S. Postal Inspection Service.

Why these letters are misleading

Once a trademark application clears examination, the USPTO itself handles publication—for free—as part of the normal process. Marks approved by an examiner are published in the Trademark Official Gazette, starting a 30-day opposition window. You do not need to pay any third party to “publish” your mark, and paying won’t speed anything up.

Scammers scrape public filing data and quickly mail official-looking “invoices” to applicants. The letters often mimic government formatting, use urgent language, and describe services that sound necessary but aren’t.

In addition, if you are represented trademark counsel, the USPTO sends all communications and notices to your attorney, and the law firm pays any required fees for you.

Red flags to spot

These letters often arrive just days after you file and are designed to look like a bill you’re required to pay. The “service” is typically described as a publication, a registration in a private registry, or a directory listing. Payment is directed to a private company rather than the USPTO, and the sender does not use an @uspto.gov email address. The fine print may even admit the sender is not affiliated with the USPTO. For examples of common trademark scams and what genuine USPTO communications look like, see the USPTO’s guidance.

What to do if you receive one

1. Don’t pay. Toss it or forward it to your attorney for verification.
2. Report it.
• USPTO: send details to TMScams@uspto.gov  and review their scam resources.
• FTC: file a report at www. ReportFraud.ftc.gov
• U.S. Postal Inspection Service: report mail fraud online  https://www.uspis.gov/report .

Already paid?

Save the letter, proof of payment, and envelopes. Contact your bank or card issuer to dispute the charge, and report the incident to the USPTO and FTC. The USPTO outlines additional steps if you think you’ve been scammed.

How to protect yourself going forward

Real USPTO publication happens automatically and at no charge, and you can verify your application’s status in TSDR or with your trademark counsel and confirm publication in the Trademark Official Gazette. If you do not have trademark counsel, pay official fees only through USPTO.gov rather than mailing checks to private companies. Whenever possible, route communications through your trademark counsel so suspicious letters are screened before they reach your accounting team. And if you see a pattern of these mailers, report it—your reports help agencies identify and shut down mass-mail schemes.

If you a client and received a PSO “publication” letter—or anything similar—feel free to send us a copy. We’ll confirm whether it’s legitimate and make sure your application stays on track.