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.
Organisations known to send unofficial invoices
Organisations sending unofficial invoices access your details by searching through publicly accessible information. They aren't associated with us or any other legitimate government agency.
You don't need to pay them to use our services.
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 (PCT).
You can see the full list on the WIPO website.
Fraudulent or misleading solicitations can be challenging to identify. The following documents are examples of unsolicited invoices that have been received by IP Australia customers that may help you to recognise unofficial trade mark invoices.
These are examples of deceptive, fraudulent and unsolicited invoices:
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. Entities that issue unofficial 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.
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 entities 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 entities 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 entities 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.
The following is an example of a deceptive invoice:
Copyright
You will never receive an invoice or official notice from IP Australia relating to copyright, as it doesn’t 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.
We're aware that 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 is made public before you apply, you may lose the ability to register with us.
If you're unsure, consider seeking advice from a qualified IP professional before taking any action.