Answers

How do you spot official-looking scam letters sent to small businesses?

Treat any official-looking letter that asks for money as unproven until you check it with the real agency yourself. Common kinds are bills for a listing in a directory nobody uses, trademark notices from private companies made to look like the US Patent and Trademark Office, and demands to renew a license or registration. Check through the agency's own website, never the contact details on the letter, and report scams at ReportFraud.ftc.gov.

The common kinds

  • Directory and listing bills. The FTC's guide for small businesses warns about bills for advertising that does not exist or a listing in a phony business directory; the related answer on paid directory listings covers that warning and how to judge a real listing.
  • Trademark notices that look like they came from the US Patent and Trademark Office (more below).
  • Government-style demands. The FTC says scammers posing as government agents threaten to suspend licenses, fine or sue, for example over taxes or a license or registration renewal, and that some sell workplace compliance posters the Labor Department gives away free.
  • Fake invoices and domain notices: the related answers on fake invoices and payment-change emails and on fake domain renewal notices cover those.

What the USPTO says about trademark notices

The USPTO says misleading solicitations can arrive by mail at any time, before you apply, after you file or after registration, and may use words like "United States", "Trademark", "Office" or "Agency" in the sender's business name. It says such notices often carry fine print explaining that the company is not a federal agency.

To check one, the USPTO says emails sent directly from it end in @uspto.gov, and that its official communications, including letters asking for payment, are uploaded to its Trademark Status and Document Retrieval system under the documents tab. In its words, "If it’s not in TSDR, it’s not an official communication." It lists its real fees on its trademark fees page.

How to check any letter before paying

Find the agency yourself, through a web address you type or a search, and call the number listed there, never the one on the letter. The warning signs the FTC lists, such as pressure to act fast and demands for payment by wire transfer, cryptocurrency or gift card, are covered in the related answer on spam and scam inquiries, and they apply to letters too.

As general advice, keep a short list of the real renewals and filings the business owes each year, with their dates, so anything that is not on the list gets a second look before anyone pays it.

Where to report it

Report scams at ReportFraud.ftc.gov; the related answer on spam and scam inquiries also covers alerting your state Attorney General. The USPTO asks that spoofed websites be reported to TMScams@uspto.gov.

Sources

  1. Federal Trade Commission, "Scams and Your Small Business: A Guide for Business" (July 2023)
  2. United States Patent and Trademark Office, "Recognizing common scams"

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