How unofficial invoices and correspondence work
If you hold a trade mark, patent or other IP right, you may receive unofficial invoices or notices that appear to be from an official source. These tend to increase around the end of the financial year.
Organisations that send these invoices or notices find your details through publicly accessible information. They aren't associated with us or any other government agency.
Invoices are often for renewals that aren't due for several years and use false renewal dates to suggest a need to renew your right early.
Always stop and check before you act
If you're not sure whether an invoice or correspondence about your IP is genuine, stop and check before you respond or pay.
Not all unsolicited correspondence is a scam
You may receive an unsolicited invoice or renewal notice from a legitimate business. Businesses that send unofficial invoices find your details through publicly accessible information.
They aren't associated with us or any other government agency. This may be a legitimate service. You don't need to pay another business to access IP Australia's services.
How to identify an IP Australia official invoice or renewal notice
Fraudulent or misleading solicitations can be challenging to identify.
When we contact you, we will:
- tell you about the progress of an IP right application
- advise when IP rights are due for renewal
- request payment of fees relating to IP right applications and renewals
- direct you to our Online Services to complete the transaction.
We will not:
- request payment with a sense of urgency. For example, our letters will never state 'pay within 48 hours to avoid the other company being granted your trade mark'.
- request payment of fees payable to other government departments
- request payment of fees payable to courts
- request payment of fees payable to other organisations
- request payment of fees that are not listed on our website.
Recognising an unofficial invoice or correspondence
Unofficial invoices and correspondence often include one or more of these warning signs:
- Entities that issue unofficial invoices often sound like an authorised IP authority when they're not. For example, The Patent and Trademark Office Pty Ltd.
- The purpose of the payment and other facts are often buried in the fine print. For example, 'This renewal is optional' and 'This is just a reminder' often appear in very small print, sometimes on the second page or back of the invoice.
- charging inflated costs to renew your IP
- invoices that request payment for a renewal that isn't due soon
- claims to protect your trade mark on an international trade mark register that has no official or legal standing for protection
- inclusion of additional fee points like registration fees, evidence fees in examination and state fees
- lists of approvals required for different regions, courts, departments or WIPO with a list of fees for each one.
Organisations known to send unofficial invoices
The most common sources of unofficial invoices reported to us include:
- AU Logo Designs
- Aussie Logo
- Logo Venture
- IP Office
- Trademark Renewal Service.
Unofficial invoices are also a problem internationally. The World Intellectual Property Organization (WIPO) publishes a list of entities that use deceptive means to request unnecessary payments from applicants and agents applying under the Patent Cooperation Treaty.
You can see the full list on the WIPO website.
The following documents are examples of unofficial invoices that have been received by IP Australia customers.
Example of an unofficial invoice:
The following are examples of deceptive invoices:
The following are examples of deceptive invoices:
Non-official registers
Some organisations invite IP rights holders to publish on registers that are not official or required. Publishing on these registers can have serious consequences for your IP rights.
Patents and designs
If you publish your patent or design on a non-official register before applying with IP Australia, our examiners are likely to find it during their search. This may be raised as a reason not to grant your patent or certify your design, and in some cases your application may not proceed. While legislative provisions providing for a publication grace period may help with this, if the grace period doesn't apply, then it's unlikely we will grant your patent or certify your design.
Trade marks
You may receive an unsolicited invoice to add your trade mark to a register that appears to provide you with worldwide rights. However, all this registration does is list your trade mark on a virtual list that is public. There are no rights or protections that come with this registration.
The following is an example of correspondence relating to a non-official register:
Copyright
IP Australia does not issue invoices or notices relating to copyright. Copyright does not fall within our role as an agency.
Copyright is governed by the Copyright Act 1968. There is no registration system for copyright under Australian law. Certain forms of expression, such as text, images, and music are automatically covered by copyright – you cannot pay for or register copyright.
Learn more about copyright from the Copyright Agency.
Copyright registers
Some private companies may invite IP rights applicants to register their IP on a copyright register, usually for a fee. In most cases, this practice isn't illegal.
There may be limited valid reasons for adding your patent or design on a copyright register. For example, it can provide dated evidence of when material was created. However, it's important to know that registering your IP on these registers can have serious consequences for the validity of patent or design right applications.
If your invention or product design is made public before you apply, you may lose the ability to have your patent granted or your design certified in Australia. It may also affect your ability to gain patent or design protection in other countries.
If you're unsure, consider seeking advice from a qualified IP professional before taking any action.
Example of fraudulent copyright correspondence: