Notices are typically received via letters or emails and often state that infringements may lead to legal action being launched by the owners of the listed IP. They often suggest that to avoid legal repercussions the right holder must:
- complete the application form
- engage the services of a trade mark attorney who will register their business name or domain name as a trade mark before a specific date
- engage the services of an attorney who will handle the legal action for a set fee
- pay the invoice.
We’ve noticed that most deceptive, or possibly fraudulent advice include:
- false and confusing information
- formatting and watermarks to make it look like the advice is from IP Australia
- details of official-sounding but false legal firms (these letters sometimes reference a registered IP right to create a sense of urgency)
- claims they are associated with government departments such as IP Australia, auDA and the ACCC, or other international patent offices such as the United States Patent and Trademark Office (USPTO).
To stay safe, we recommend you always contact us or check with an IP attorney if you are unsure about a letter or advice you have received.
Learn more about getting professional assistance with your IP.
Scams related to trade marks
Business owners seeking assistance with designing a logo or website have reported entities using misleading online advertisements and false infringement or abandonment notices to pressure them into registering a trade mark, often at a significantly inflated cost.
Tips on how to stay safe:
- Be careful of ‘low cost’ logo design or trade mark registration services.
Often providers will offer unnecessary services for inflated fees or pressure you into paying more to keep your intellectual property safe.
- Check credentials of attorneys before you hire them.
Use the Trans-Tansman IP Attorneys Directory to search for a registered patent or trade mark attorney in your area.
- Watch for red flags in trade mark correspondence.
This includes urgent deadlines, large financial penalties, or another party planning to file a trade mark similar to yours.
- Check before you pay.
Learn how to spot an unofficial invoice or register.
Examples of known scams
Avoid unnecessary overseas legal services
You might receive correspondence from an overseas lawyer or attorney firm which tells you that someone has applied to register your trade mark in another country. It usually includes an offer to provide services to oppose the registration.
While it may be a legitimate service, it's only relevant if you intend to use your trade mark in that country. It's a good idea to seek legal advice before agreeing to work with these types of firms.
For more advice, get professional assistance with your IP.