Trade mark scams: navigating the surge in intellectual property fraud

Helen Harmel, Associate

Identifying trade mark scams is becoming more difficult, making protecting your business more important than ever

Trade mark related scams are on the rise, and they’re getting harder to spot. Fraudsters are commonly using sophisticated impersonation tactics to mislead and deceive, which are now highly convincing and can easily catch people off guard.

Below are two of the most common schemes we have seen in practice.

Misleading invoices

A common scam is for a business or individual that has recently applied for a trade mark to receive unsolicited requests for payment (often in the form of an invoice) for trade mark services.  The services that are offered (inclusion in a register, fees for publication) are either non-existent or unnecessary.

The scammers obtain the contact details of the trade mark applicant from the public trade mark register and usually send the correspondence shortly after an application has been made, therefore at a time when the applicant may be expecting to receive an invoice.  The correspondence usually comes from an official sounding organisation such as European Intellectual Property Agency,  Intellectual Property Organisation Service, International Trademark Register, INT-Trade marks.

Fake law firm

This scam is where a business receives correspondence which appears to be from a law form advising that they are acting for a client who is intending to register a trade mark for that business’ name/ brand and they are giving them a “final” opportunity to file a trade mark application first.

The correspondence can appear very convincing, often using the name of real lawyers and law firms and is usually written as a “final reminder” with a 24 hour deadline for a response, thus creating a pressure to act quickly.

What can you do?

1. Do not send payment in response to any unsolicited correspondence.  If you do, it is highly unlikely you will be able to get your money back.
2. Appoint a trade mark representative – all official correspondence will be sent to them therefore making it easier to identify scams.
3. Be vigilant and seek advice if you are unsure.

If you need assistance, or need any advice relating to trade marks and protecting your business, please contact a member of our intellectual property team on 0161 832 3434, or at [email protected].