Trademark Smart Filing scam: How It Actually Works
There have been reports of legal emails from Trademark Smart Filing. As serious and legal as it sounds, it’s a polished scam that aims to get you to pay for fake trademark registration fees.
Trademarksmartfiling.com is a among a network of fraudulent trademark registration websites targeting business owners. The scammers go as far as impersonating a real attorney, and using threat tactics to get you to make a payment immediately.
Here’s how Trademark Smart Filing actually works, Red flags of this scam, victims report, and what to do about this email from @trademarksmartfiling.com
Trademark Smart Filing fake trademark registration services
Trademark Smart Filing claims someone is trying to get a federal trademark for your brand or domain, then ask that you respond immediately in order to stop the process. In reality, no one is attempting to register your brand name, it is just a lie – part of their strategy to scam you.
When you call the number ‘+1 (929) 395-0040”, you’ll be redirected to someone posing as an attorney. This person who likely has a foreign accent, would aggressively try to collect a $299 fee to register the trademark for you.
Once you make the payment, the scammers would spoof the USPTO logo and send you fake receipts. They do not register the trademark under USPTO.
The final stage of this scam is the disappearing act. How does this happen? by ceasing communication with you.
Real Complaints from Trademark Smart Filing victims
A couple of small business owners sent us the following messages, detailing their experience with trademarksmartfiling.com.
“I received an email stating that my website domain is about to be registered as a trademark by someone else. It had lots of legal mumbo jumbo that made it seem legit. Called and spoke with Eric James and he convinced me to register my domain with trademarksmartfiling.com. Did so, but uspto.gov shows my trademark application hasn’t been registered”
“After receiving a final notice from Trademark Smart Filing, I paid the $299 for trademark registration and other perks. Two weeks later, my trademark application has not yet been filed, and there’s no response from them!”
Warning Signs That Reveal Trademark Smart Filing is a Scam
Fake Business Address
Trademark Smart Filing is using the address of a popular place ‘153-4 88th Ave, Jamaica, NY 11432,’ to trick people. When we reached out to the leasing officer, we were told there’s no law firm there.
No proof of Being a Legal Entity
The legal mumbo jumbo on the email and website homepage is just a trick to make recipients believe they’re a legal entity. They fail to provide proof of being a private legal firm as claimed.
Fake Reviews
The website displays a handful of reviews from alleged business owners. However, the reviews look similar to previous scam trademark sites exposed earlier. There’s also the false claim of having more than 600,000 clients. If they have such stellar portfolio, why has no one written or said anything about them elsewhere?
Affiliated with dubious Trademark Registration Websites
Trademarksmartfiling.com shares same website design and content with similar exposed trademark scam. It also use same threatening email method. This goes to show it is part of a network of scam.
Impersonates Real Attorneys
Trademark Smart Filing uses the name of reputable attorneys eg; ‘Eric James’, James Kleeger, etc. to trick recipients. This is all part of the scam. The real attorneys are not connected to the scam.
Lacks BBB Accreditation
Most trademark registration firms are listed on BBB. But it isn’t the case of Trademark Burst. This certainly raises brows.
Recently Registered Domain
Trademarksmartfiling.com was actually registered on December 2023. Within that short time, it’s impossible to have provided trademark solutions to thousands of businesses.
What To Do About Trademark Smart Filing email
Do Not Engage
Do not attempt to reply the email as responding can lead to more scams. The best action you should take in this scenario is to totally ignore these emails.
Seek Legitimate Counsel
The next action you should take as a business owner or brand owner is to consult with a reputable trademark attorney for genuine concerns.
Educate Your Staff and Colleagues
Informing your staff and colleagues about this latest scam would ensure they do not fall prey to it. Upon receiving similar emails, they’d be cautious and know the right steps to take.
What are The Right Authorities To Report The Trademark Smart Filing Scam?
If you’ve received the Trademark Smart Filing scam email and/or you’ve fallen victim to the scam, it’s very important to report the scam to relevant authorities such as the USPTO helpdesk, ReportFraud.ftc.gov or Internet Crime Complaint Center. This would enable them issue a warning to the public about the ongoing scam.
You should also report the scam to your local law enforcement agency. Provide them with all the details regarding the scam, including any emails, telephone numbers, or communication you have received.
How To Avoid Similar Trademark Scams
- Ignore Unsolicited calls or emails that are not from the United States Patent and Trademark Office (USPTO) from its domain “@uspto.gov
- Consult an IP attorney if you have any concerns about misleading info you’ve received about trademarks.
- Always vet a company thoroughly before using their services. This you can do by searching for reviews or complaints on TrustPilot and Better Business Bureau.
- Ask detailed questions about their registration process, fees, and what specific services are included.
- Never pay questionable third parties through irreversible means like wire transfers, gift cards or crypto. Responsible firms will have no issue with you using credit cards/payment methods offering fraud protection.
Conclusion
Trademark Smart Filing is among a network of fraudulent trademark websites that uses threatening email to get people to pay for fake legal services related to Trademarks, Copyrights, and Intellectual Property. Do not respond to the email!
References
https://www.uspto.gov/sites/default/files/documents/tm-trademarks-scamprevention_20230427.pdf
https://www.bairdholm.com/blog/dont-be-duped-by-trademark-scams-2/
