What to Do if You Received a Notice from the USPTO Stating: False, Fraudulent, or Mistaken Designation Advisory.
If you received a notice from the U.S. Patent and Trademark Office stating that an attorney was falsely, fraudulently, or mistakenly designated as your representative, you are not alone. These notices generally mean that your trademark application or registration was connected to someone who was not authorized to represent you before the USPTO, or that improper filings were made in your record.
This can place the application or registration at serious risk. It is important to act promptly, but in most cases, attempting to repair the existing application is not the best use of your time or money, unfortunately.
What the USPTO Notice Means
The USPTO may remove the attorney and correspondence information associated with the improper representative. Future correspondence may then be sent directly to the applicant or registrant unless new attorney information is properly submitted.
Foreign-domiciled applicants and registrants must be represented by a properly licensed U.S. attorney to continue before the USPTO.
The larger concern is that the USPTO may question whether prior submissions were valid. This may include applications, Office Action responses, statements of use, declarations, signatures, and other documents submitted by the fraudulent representative.
Refiling Is Usually the Best Path Forward
In the hundreds of affected trademark matters I have reviewed, fewer than 1% of applicants have been permitted to keep the original application or registration.
Because of that experience, I generally recommend refiling in approximately 99% of these cases.
The administrative review process can take a year or longer, and there is often no reliable way to repair filings containing improper signatures, false attorney information, or unauthorized submissions. Even after spending significant time and legal fees responding, the USPTO may still terminate the proceeding.
A new application filed correctly by a licensed U.S. trademark attorney usually provides a cleaner and more predictable path forward.
Refiling allows the applicant to:
Confirm the correct owner of the mark
Use accurate contact and attorney information
Correct or narrow the goods and services
Submit valid specimens where required
Avoid relying on questionable prior submissions
Begin with a filing record that the USPTO can trust
There may be limited situations where attempting to preserve the original application or registration makes sense, but those cases are rare and highly fact-specific.
What You Should Do Immediately
First, preserve all communications with the original filing provider, including emails, messages, invoices, engagement documents, payment records, and copies of anything you were asked to sign.
Second, check the USPTO record for any pending deadlines. Receiving a fraud-related notice does not necessarily suspend every other deadline in the application.
Third, speak with a licensed U.S. trademark attorney before submitting anything further. Additional improper filings can make the situation worse.
Finally, prepare to file a new application unless there is a strong and documented reason to attempt to save the original matter.
What Happens to the Original Application?
The USPTO may remove the unauthorized representative, strike prior submissions, reopen a registration decision, terminate the application, or require additional information and evidence.
If the application is still pending, it may remain visible in the USPTO database while the issue is under review. That does not mean the application is safe or likely to proceed.
If the mark has already registered, the registration may still be reconsidered or cancelled if the USPTO determines that the registration was based on invalid submissions.
How a Licensed Trademark Attorney Can Help
An experienced U.S. trademark attorney can:
Review the existing USPTO record
Identify improper or questionable filings
Determine whether preserving the original matter is realistic
Monitor any active deadlines
Prepare and file a replacement application
Correct the ownership, goods, services, and filing basis
Ensure that future USPTO submissions comply with signature and representation rules
In most cases, my role is not simply to take over the damaged application. It is to help the client move away from the fraudulent filing and establish a new, legally compliant application.
Conclusion
Receiving a notice about a fraudulent or unauthorized attorney is serious, but it does not mean you have lost the ability to protect your brand.
Based on the hundreds of matters I have reviewed, attempting to save the existing application is rarely successful.
For approximately 99% of affected applicants, the most practical strategy is to stop investing in the compromised filing and submit a new application correctly.
If your application or registration was connected to a fraudulent trademark provider, my office can review the record, explain what happened, and help you refile properly. Please reach out to us here.