Trademark Scams on the Rise in 2026

Throughout the first quarter of 2026, Gentry Locke’s Intellectual Property group has witnessed a rise in trademark-related scams and fraudulent solicitations. These notices often reference your trademark directly and will pose as an attorney, billing service, or even a government agency to appear legitimate and pressure recipients to make unnecessary payments or disclose sensitive information.

Exercise caution when reviewing any trademark-related correspondence. Below, we have provided information and resources designed to help you identify trademark scams and avoid making payments or providing information to bad actors.

How USPTO Correspondence Works When You Are Represented by Counsel

1. USPTO communications go to counsel. When you hire trademark counsel to serve as the attorney-of-record on an application or registration, official correspondence from the U.S. Patent and Trademark Office (USPTO) is sent to the attorney, rather than your business directly.
2. The USPTO will not request payment from clients directly. If you are represented by counsel, the USPTO does not contact trademark owners for payment.
3. Legitimate fees and responses are handled through the USPTO’s filing system. Fee payments and official correspondence regarding a trademark registration or application are submitted directly within the USPTO’s electronic filing system located at www.uspto.gov.

Common Trademark Scams

Pre-registration scams

These scams often occur while a trademark application is pending. They may include:

1. Requests for payment to “secure,” “publish,” or “expedite” a pending trademark application
2. Notices claiming another party is attempting to register a similar mark and will preempt you unless you pay a fee

A Note on Trademark Priority: Trademark priority is based on the first to use a mark in commerce. While filing priority plays a role in the USPTO’s examination of a trademark application, a business with use-in-commerce priority will not lose its right to use a mark simply because another filed an application first. These trademark scams will feature a “lawyer” trying to solicit a fraudulent payment by convincing you that you will be liable to another party or will lose your trademark rights if you do not pay the “lawyer” a fee to file an application first.

3. Invoices referencing a pending application serial number or filing date to appear official

These communications are not issued by the USPTO and should not be paid.

Post-registration scams (registered marks)

After a trademark registers, fraudulent solicitations often increase. These notices may include:

1. Renewal or “maintenance” notices seeking payment for maintenance services through a third party
2. Invoices for private trademark registries or “monitoring” services that you did not request
3. Correspondence designed to resemble official government notices

While legitimate post-registration filings are required, applicable deadlines and fee schedules are publicly available before the USPTO. The USPTO will never send you an invoice or email request for payment of a maintenance filing fee directly. All such payments are made within the USPTO’s filing system.

What to Do if You Receive a Trademark Notice

1. Do not respond or pay immediately. Scammers often rely on a false sense of urgency and official-sounding language. Do not pay a trademark or IP-related invoice that you are not certain is legitimate.
2. When in doubt, call a trademark lawyer. If you are unsure whether a bill or communication is legitimate, please send any trademark- or IP-related correspondence to your attorney. An experienced trademark lawyer can readily determine if correspondence is legitimate and can assist you with reporting a fraudulent solicitation.

USPTO Resources on Trademark Scams

• What to Do If You’ve Been Scammed: https://www.uspto.gov/trademarks/protect/what-to-do-if-youve-been-scammed
• Trademark Scams Social Toolkit: https://www.uspto.gov/trademarks/protect/scams-social-toolkit
• How to Avoid Scams Involving Trademark Services: https://www.uspto.gov/trademarks/protect/how-avoid-scams-trademark-services

How Gentry Locke’s Trademark Attorneys Can Help

When Gentry Locke serves as your trademark counsel, we guide you through the trademark registration process from start to finish. We will check for potential conflicting registrations, prepare your application, manage fee submissions to the USPTO, monitor filing deadlines, and correspond with the USPTO directly on your behalf.

Gentry Locke does not use third-party vendors to collect payment for trademark filings or USPTO fees. Authorized billing related to your trademark matters will come directly from Gentry Locke through our established billing procedures.

Do you have questions regarding intellectual property, trademark scams, applications/registrations, or infringement?  Reach out to Gentry Locke’s Intellectual Property team today.