Over the past several months, we have seen an increase in notices from alleged trademark firms. The emails are identical or substantially similar to the following:

Hi [recipient],

I hope this email finds you in good health.

I am writing to you on behalf of the legal department of [Trademark Firm].

We have received an application for the registration of the trademark “[recipient company name]”. The applicant is seeking legal protection for this brand name. We are currently reviewing the application to ensure compliance with trademark regulations and will proceed with the necessary legal procedures accordingly. During our research, we came across your information and discovered that this brand name is not currently registered with the USPTO, leaving it open for registration by any interested party.

Given the USPTO’s policy of processing applications on a first-come, first-served basis, the other applicant will be granted the opportunity to proceed with their registration if you are not actively using the brand name “[recipient company name]” in commerce or are unwilling to seek trademark registration for it.

We kindly request that you respond to us promptly. If we do not receive any objections from you, the other applicant will be permitted to initiate their registration process, which will follow the standard examination and filing procedures established by the USPTO.

It’s important to note that, as stipulated in the Act of 1946, specifically §§ 1051 et seq, federal registration of your mark is essential to establish and protect your ownership rights.

We eagerly await your response.

Thank you and best regards,

These emails are attempts to get paid under false pretenses – or worse, are attempts to get your company’s bank account information. In other words, they are scams that you may safely ignore. If you have any concerns about such emails or receive a differently worded email and want help determining whether it is legitimate, feel free to reach out to your Squire Patton Boggs contact.