Patent and trademark-related scams can be financially damaging. These scams often pose serious risks to your intellectual property rights and can potentially undermine your long-term business objectives.
At Barsik Law Offices, we’ve seen an alarming number of inventors and business owners fall victim to patent and trademark scams. We strive to help our Pennsylvania clients protect their intellectual property and safeguard their ideas and innovations.
Whether you’re filing for a patent, registering a trademark, or defending your business against scams, we offer the legal insight you need to recognize patent and trademark scams, as well as the laws in place to help protect you and your intellectual property.
Understanding Patent and Trademark Scams
Scams targeting inventors often exploit technical terminology, time-sensitive actions, or official-looking correspondence to confuse and intimidate victims. Some common scams relating to patents and trademarks include:
Fake trademark or patent maintenance fees: Scammers may send letters resembling official notices from the United States Patent and Trademark Office (USPTO), requesting payment of unnecessary or fraudulent fees.
Shady "patent protection" companies: Fraudulent organizations may claim they can "accelerate" the approval processes or provide "special protection" for patents, often for exorbitant fees.
Trademark renewal scams: These schemes target trademark owners with false renewal notices before the actual deadlines, leading unsuspecting owners to pay unnecessary charges.
Phishing emails: Scammers may impersonate the USPTO to obtain sensitive information or payments via email.
If you own or are in the process of registering a patent or trademark, it's important to recognize and avoid these types of scams. Confirm any correspondence with the USPTO directly, and always consult an attorney before making payments or disclosing any personal information.
The Importance of Legal Help in Avoiding Scams
Consulting a patent and trademark attorney is a wise decision. Scammers are aware that intellectual property laws can be complicated, and they will often try to exploit your limited time, knowledge, or resources. An experienced attorney can help by handling these legal matters while you focus on innovation and business growth. Some of the ways Barsik Law Offices can help include:
Verify correspondence: We can review the communications you receive to identify legitimate notices and avoid phishing scams and deceptive solicitations.
Educational guidance: We strive to educate our clients on typical scam tactics, empowering them to spot red flags before falling victim.
Dispute advocacy: If you’ve already been targeted or scammed, we can assist with filing complaints, recovering funds (where possible), and helping you securely handle your intellectual property moving forward.
Long-term strategy development: Our service doesn’t just stop at protection. We can help you develop an intellectual property strategy to mitigate future risks.
Patent and trademark law may seem complicated, but our experienced intellectual property law attorneys can provide the clarity you need to move forward without falling victim to scams or fraudulent practices.
Intellectual Property Protection Laws in Pennsylvania and New Jersey
Both Pennsylvania and New Jersey follow the federal laws established by the USPTO regarding patents and trademarks. Some of the key laws and regulations you should be aware of include the following:
Patents
Patents are granted only at the federal level. Once approved, your invention is protected nationwide. However, both Pennsylvania and New Jersey offer additional support for businesses that want to protect their intellectual property, including inventions.
For example, businesses conducting R&D activities in New Jersey are eligible to apply for tax credits, which incentivize innovation and patent development. Additionally, technology development programs in Pennsylvania can help startup initiatives commercialize inventions while complying with patent strategies.
Trademarks
Trademark protections go one step further by offering state-level registrations in addition to federal ones. A state trademark could be particularly useful for businesses that operate only within Pennsylvania or New Jersey.
These registrations are generally quicker and cost less than USPTO registration. However, they do not provide nationwide protection.
Additionally, state laws require you to engage in fair trade practices to avoid infringing on another party's registered or unregistered trademarks. Misrepresentation or accidental infringement, regardless of intent, can result in substantial fines or legal disputes.
Red Flags to Look for in Patent and Trademark Scams
Patent and trademark scams can sometimes be difficult to spot. However, there are certain red flags and warning signs you can look out for to avoid falling victim to them. Common red flags include:
Urgency or pressure tactics: If a message demands immediate action, pause and take a moment to reflect. Scammers will use scare tactics, claiming that your patent or trademark will be voided unless you act immediately.
Unrealistic guarantees: Beware of companies claiming to guarantee quick approval of your patent or heightened trademark protection. The USPTO does not allow intermediaries to speed things up.
Formatting and misspellings: Government notices from the USPTO are formal, carefully formatted, and free of grammatical errors. Be cautious if you notice discrepancies or unprofessional language.
Unacknowledged payment requests: If you're requested to provide direct payment, confirm with your attorney and cross-reference the request against your official USPTO docket number before acting.
In these instances, taking preventive measures now can save you significant time, money, and stress. If you are unsure how to proceed with a potential scam, reach out to an experienced attorney as soon as possible.
Patent & Trademark Attorney Serving Pennsylvania and New Jersey
Recognizing and avoiding patent and trademark scams is crucial to protecting your intellectual property rights and helping your business operate smoothly. Scammers often prey on unsuspecting individuals by using deceptive tactics, so it's important to stay vigilant and verify the authenticity of any communication you receive.
At Barsik Law Offices, we strive to develop customized strategies that align with our clients' needs. With offices in Parsippany and Bethlehem, Pennsylvania, we serve clients in Pennsylvania, including Allentown, Philadelphia, and Stroudsburg, an New Jersey, including Morristown, Newark, Summit, Bedminster, Roxbury Township, Dover, and Denville. Reach out today to schedule a consultation.
