Over the past few months, there have been more trademark scams than I can keep up with. These scam companies contact business owners to scare them about the status of their trademark rights. They tend to all use business names with “Trademark” in the name, such as Trademark Swift and Trademark Omega. The Trademark Peak scam is the latest version of this trend. They appear to be contacting many businesses. Trademark Peak makes misleading and false claims about the trademark rights of the business. They couple fear tactics with the advertising of “too good to be true” pricing for trademark services. Then when they get a payment, they take it and disappear without actually providing any services.
The Trademark Peak Scam
You probably found this post on Google after receiving a suspicious email from Trademark Peak. Here is an example that likely mirrors what you received:
Why Did They Contact Me?
If you received one of these solicitations, you likely have a business website and an email address that can be found online. Trademark scammers often target business owners because (1) they can often find contact information for them online, and (2) most people know very little about trademark law. Since every business has a trademark, which is typically visible on a website with other contact information, trademark scams are relatively easy to pull off.
Emails like the one above are used to scare business owners into “hiring” the scammer to file a federal trademark application with the U.S. Patent & Trademark Office. In fact, it is likely the same group responsible for dozens of these trademark scam companies, since the language used in these emails is always very similar.
How Is This Solicitation Misleading?
This Trademark Peak solicitation claims that someone else intends to file an application for your trademark with the USPTO. However, this is a lie. If Trademark Peak was an actual firm that represented another applicant, they could not contact you. I’m sure you’ve heard of the phrases “conflict of interests” and “attorney-client privilege.” An attorney would lose their license if they went around telling their client’s competitors what they plan to file with the USPTO or taking on those competitors as new clients.
In addition, these emails all include a similar bolded line stating that you have to register your trademark. That is simply not the case. While federal registration provides many important benefits and protections, you can acquire some rights to a trademark without going through that process.
Moreover, this email is intended to scare the reader. First, it states that you are being contacted by the “legal department” of Trademark Peak. The sender’s title is “Intellectual Property Attorney.” No one wants to receive unsolicited emails from an attorney. For most people, that is downright scary. Next, the email goes on to say that someone is trying to file a trademark application for your company’s brand name. This implies that without action on your part, they will be granted a trademark registration.
What Should I Do?
Do not feel like you have to do anything at all if you receive one of these scam solicitations. You certainly should not contact Trademark Peak.
If you have not registered your trademark with the USPTO, you might consider doing so. Trademark registration has many benefits to your business. Of course, I believe your trademark is an asset that is valuable enough to justify working with an experienced attorney.
Did You Receive One of Trademark Peak’s Scam Emails?
There are a seemingly endless number of trademark scammers out there. Sometimes they do such a good job that it is hard to tell what is real and what is a scam. If you would like help, I am happy to assist you. Please feel free to call me at (480) 360-3499, email me at kevin@yourtrademarkattorney.com, or complete the contact form found on this page to schedule your free initial consultation today. I look forward to speaking with you.
