IP Tech Knowledgy

No, a lawyer is not going to register your trademark for someone else unless you hire that lawyer to register the trademark for you. Do not fall for this scam. This scenario is a fairly new, growingly common, fraud by someone wanting to scare you into believing you need to contact them — and pay them — to register your trademark. The pitch is that a lawyer was approached by someone wanting to register a trademark, saw that you use that mark, and now is willing to leave that former potential client and help you register the same mark. The person is likely trying to obtain your banking or credit card information, or promise services that will never be delivered.  

There are two significant “tells” in this scam. A lawyer cannot solicit business to a potential client with which it has had no prior relationship, without identifying the communication as an advertisement. More subtly, under rules of legal ethics, a lawyer contacted by one client cannot then approach someone with adverse interests and dump the first potential client in favor of the second potential client.  

While you should not use this unethical lawyer, take the opportunity to consider whether you really should register your trademark, and use a reputable attorney to help you.

Similar scams are unrequested solicitations to renew your registered trademark,  a claim to help you stop a third party from registering your trademark in a foreign country, or obtaining a domain name with a different country’s extension. Note that if you do business outside of the United States, look deeper into a request from a foreign country where you operate.

Ned T. Himmelrich
410-576-4171 • nhimmelrich@gfrlaw.com