Turner Padget Insights

Beware of Trademark Scams Disguised as Legal Assistance

Posted On June 5, 2025

In an era where branding can make or break a business, protecting your intellectual property—especially your trademark—has never been more essential. But as more companies take steps to secure their brand identity, scammers have found ways to exploit these efforts. A particularly troubling tactic has surfaced: fraudulent “trademark agencies” claiming to offer legal help while attempting to con businesses out of money and sensitive information.

These schemes usually begin with an email or letter warning that someone else is attempting to register your trademark—or something deceptively similar. The scammers position themselves as intermediaries representing a third party and claim that, out of professional courtesy, they are notifying you so you have the chance to “secure your rights.” In reality, they are neither acting out of courtesy nor providing legitimate legal services.

A Growing Concern Among Business Owners

In recent months, multiple clients and colleagues have reported receiving these deceptive messages. Typically, the communications threaten that if the recipient does not immediately act to register their trademark, another party—usually unnamed—will secure the rights instead. The scammers offer to handle the filing for a fee, using fear and urgency to pressure the recipient into a hasty decision.

Further investigation often reveals that the agencies are registered to non-existent or residential addresses in cities like San Francisco or Los Angeles. The supposed attorneys involved may be real individuals who are licensed—just not connected in any way to the agency in question. In some cases, scammers go so far as to impersonate real lawyers or law firms, using cloned websites and email addresses that closely resemble those of legitimate practitioners.

The Anatomy of the Scam

These fraudulent solicitations tend to follow a familiar script:

• Claim of Conflict: The sender says they represent a client attempting to register a mark identical or similar to yours.
• False Professional Courtesy: They claim to be notifying you to give you a “chance” to act before it's too late.
• Offer of Urgent Help: They offer to help you file your mark immediately, usually at a high cost and with aggressive deadlines.

This approach mirrors previous scams involving domain name registrations, where businesses were told that a competitor was trying to claim their web address in another country. The emotional manipulation is the same—create urgency, spark fear, and demand immediate action.

Warning Signs to Watch For

Several telltale signs can help you identify these messages as fraudulent:

• Urgent Deadlines: Messages often demand a response within 24 hours or less. The goal is to prevent you from taking the time to consult a legitimate attorney.
• Lack of Verifiable Information: Scammers rarely identify the supposed third-party applicant or provide any documentation you can verify through official trademark databases.
• Poor Writing: Messages are frequently riddled with grammatical errors and inconsistent terminology, suggesting the sender is not a trained legal professional.
• False or Misleading Identities: Some scams use the names of real attorneys or firms—sometimes even cloning websites—to bolster credibility.

Legal Ethics Say Otherwise

One of the strongest indicators that something is wrong lies in the unethical nature of the communication. Legitimate attorneys are bound by strict ethical rules, including client confidentiality. An actual lawyer would never disclose a client’s intent to register a mark to a potential competitor—doing so would violate their duty of loyalty and confidentiality. If someone claiming to be an attorney offers to switch sides and help you instead, that conduct alone is a massive red flag.

What Should You Do?

If you receive such a message, the best course of action is simple: do not respond. Instead, contact a reputable trademark attorney or intellectual property professional. They can verify whether there is an actual threat and advise you on the appropriate next steps.

In many cases, a quick search reveals no competing trademark application and no active infringement. Often, the correct response is simply to ignore the message.

But if the threat is legitimate, your attorney can guide you through real options, such as:

• Filing your own trademark application to secure your rights;
• Sending a cease and desist letter;
• Setting up a trademark watch service;
• Or choosing to take no action if no actual risk is present.

Stay Smart, Stay Protected

Your trademark is more than a logo or name—it’s the foundation of your brand and reputation. While it’s essential to protect it, it’s equally important not to fall prey to fear-based tactics that lead to costly mistakes.

The bottom line: Be skeptical of unsolicited trademark warnings. Be wary of anyone demanding immediate action. And above all, seek out trusted legal guidance before taking any steps.

The right move isn’t always the fastest—it’s the most informed one.

Robert A. Mullins is a business litigator based in Turner Padget’s Augusta, Georgia office where he focuses his practice on trademark and copyright infringement as well as intellectual property, corporate, and environmental law. Robert provides clients with both litigation support and proactive business counseling. If you have questions or need guidance on protecting your business, please reach out to Robert at rmullins@turnerpadget.com to schedule a consultation.