New Trademark Scam

We would like to alert you to a new trademark scam that was recently brought to our attention where the correspondence purports to be from an agent who indicates that another party is trying to file your brand name. Specifically, it is an unsolicited email that demands urgent action be taken in order to protect a company’s trademark rights. This particular email scam purports to be from Jasper Zane from the company Trademark Sprint.  

Trademark scams are becoming increasingly common and come in many different forms, including the following:  

• Trademark filing firm scams. These businesses typically advertise low-cost trademark registration and filing services, but may use false or impersonated attorney names and provide fake USPTO correspondence.
• False solicitation scams. These scams involve unsolicited texts, emails, or phone calls that demand action be taken urgently to protect trademark rights, often demanding payment.
• Caller ID spoofing scams, where a scammer falsely displays a different number on your caller ID display, often impersonating a trusted business or a government agency.
• Post-registration solicitation scams. Scammers may claim that the registrant must act urgently to maintain registration, but the correspondence is received well before the USPTO deadline and often require higher than usual USPTO fees.
• ID verification scams, in which a scammer may pretend to be affiliated with the USPTO and request copies of identification documents or ask the recipient to verify their identity using an email address under the control of a scammer. 

Below is an example of the new trademark scam that was recently brought to our attention: 

Dear ___________________, 
We trust this message finds you well, 
  
This is our final attempt to reach out to you regarding the registration of the brand name "XYZ" If we do not receive your confirmation for registration today, we will proceed with the other applicant by tomorrow, potentially leading to the loss of your right to use the brand name. 
Trademark infringement is prosecuted under civil laws, lawsuits over trademark infringement will usually require you to stop using the trademark, and you may have to return any profits made off of the infringing use or pay monetary damages for the use of the trademark. 
What is the penalty for violating a trademark? 
The most common penalty for trademark infringement is an injunction or a cease-and-desist letter directing the infringer to stop using the trademarked material. It's also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare. Trademark infringement lawsuits can cost on average anywhere between $120,000 to $750,000 depending on the complexity of the case. 
  
Understanding that you have been using the brand for an extended period, we have the flexibility to decline proceedings with the other party, especially if they are a startup company. If you are interested in securing ownership of the brand name "XYZ" kindly respond urgently so that we can guide you through the registration process. 
  
We appreciate your immediate attention to this matter and look forward to your prompt response. 
  
You can reach me at (213) 512-0359 (EXT 20). 
www.trademarksprint.com

Thanks & regards,

For more information on trademark scams, please see https://www.uspto.gov/sites/default/files/documents/tm-trademarks-scamprevention_20230427.pdf.