Identifying unofficial invoices and registers

Receiving an unsolicited invoice

We regularly receive reports from Australian trade mark and patent owners who've been sent unofficial invoices, increasing in frequency around the end of each financial year.

The invoices are often for renewals which aren't due for several years and use false renewal dates to suggest a need to renew your right early. Under IP Australia’s rules, you can’t renew your IP right more than 12 months in advance of the renewal date. IP rights are granted for 10 years at a time.

You can check your renewal dates by logging on to online services.

Companies known to send unofficial trade mark invoices

The companies sending unofficial invoices access your details by searching through publicly accessible information. These companies aren't associated with us or any other legitimate government agency.

You don't need to pay them to use our services.

The 3 most common sources of unofficial invoices reported to us include:

• IP Office
• Trademark Renewal Service
• Goldman Rosenstain & Partners

Unofficial invoices are also a problem internationally. The World Intellectual Property Organization (WIPO) publishes a list of companies that use deceptive means to request unnecessary payments from applicants and agents applying under the Patent Cooperation Treaty (PCT).

You can see the full list on the WIPO website.

The following documents are examples of deceptive or unsolicited invoices used by third parties in an attempt to defraud the owner:

How to identify an IP Australia official invoice or notice

There are a few key things on our invoices or notices that tell you it is from us. Our notices will always:

• come from an email address ending with @ipaustralia.gov.au
• include our IP Australia logo in the top left hand corner
• include our ‘rights’ logos (trade marks, patents, designs rights and plant breeder's) in the top right hand corner and list our ABN
• are written in English with correct grammar and spelling
• include a link to our portal for payment and details of all the ways to renew your right directly with IP Australia, online, via EFT, and by cheque.

Our notices will not include a list of amounts for payment with a sense of urgency. For example, our letters will never state to “pay within 48 hours to avoid the other company being granted your trademark”.

Tips to spot an unofficial invoice or notice

Make sure it's an authorised invoice or notice. Companies that issue invoices often sound as if they're an authorised IP authority, when they're not. For example, The Patent and Trademark Office Pty.

In some instances, 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.

Be wary of:

• an invoice with an inflated cost to renew your IP - check the renewal amount is correct directly with us by calling or through our website
• invoices that request payment for a renewal that isn't due now, check our online register for the correct expiry date
• claims to protect your trademark on an international trade mark register, which has no official or legal standing for protection
• lists of approvals required for different regions, courts, departments or WIPO with a list of fees for each one. An IP Australia examiner will advise you of an all inclusive total costs of your renewal or application for a right.

We have had reports of applicants receiving letters with inflated costs and directions to engage attorneys. These letters are being passed onto applicants who have used third party services to lodge their IP rights applications. These are being supported by provision of falsely created notices and advices purporting to be from our agency.

Check before you pay

Before you pay any invoices you should check:

• the renewal date and amount is correct for your type of IP right by accessing our fee information and registers through this website or contacting us
• the list of companies known to send unofficial invoices
• check the bank account you are paying to is our official account
• the invoice is from us, your trusted attorney, or accountant.

Non-official registers 

We're aware of applicants being approached by companies to publish on their unofficial or official registers that aren’t required. Publishing on these registers can affect your ability to obtain a right.

Publishing on a non-official register

There are some companies that claim to be official registers when they're not. If you publish your patent or design with one of these non-official registers, or anywhere else, you could be at risk of invalidating your IP right.

If the non-official register, or other unsolicited company, publishes the patent or design before you've applied for it with us, we'll probably find it during our search. This means our examiners will raise it as a reason not to certify your patent or design.

While the grace period may help with this, if the grace period doesn’t apply, then it's unlikely we will certify the patent or design and will cease the application.

Registering your trade mark on a non-official register

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.

Copyright registers

We're aware of many instances where applicants are invited to register their IP on a copyright register, usually for a fee.

In most cases this practice isn't necessarily illegal. There may be valid reasons for adding your patent or design on a copyright register. For example, it can give the creator a dated piece of evidence to show when they created the content.

If you publish your IP on a copyright register

It's important to know that there's no official copyright registration in Australia. Registering your IP on these registers can have serious repercussions for the validity of your patent or design right application.

Pre-publication of your IP means you might not be able to register your patent or design with us. If you're unsure, it's a good idea to seek professional assistance.