The Commercial team at Coleman Greig Lawyers has been assisting clients with a recent surge in sophisticated scam emails impersonating trade mark attorneys and IP professionals. These fraudulent communications are intended to trick recipients into taking unnecessary and costly action, under the guise of protecting intellectual property rights.
Some of our clients have recently received alarming emails claiming that a trade mark application has been initiated for their business name. These emails often create a false sense of urgency, pressuring recipients to respond quickly and take immediate action to protect their brand.
Unfortunately, these communications are part of a growing scam designed to exploit business owners’ fears about losing their brand and related intellectual property rights.
The nature of the scam
Since late 2024, numerous businesses have reported receiving unsolicited emails from entities such as “Trademark Registry Hub”, “Register Your TM”, “TM Filer” and “Patents Registry Hub.” These emails often claim that a third party is attempting to register a trade mark identical or similar to the recipient’s business name. To prevent this supposed infringement, the emails urge immediate action. They often by encouraging the recipient to file a trade mark application with the sender. The messages are crafted to create a sense of urgency, warning of potential legal consequences or loss of rights if the recipient fails to act promptly.
Red flags to look out for
Several characteristics can help identify these scam emails:
- Impersonation of Registered Attorneys: Scammers often use the names of real trade mark attorneys or firms to lend credibility to their messages. The Attorney’s name may not match the law firm they actually work for.
- Generic or suspicious email addresses: The sender’s email address may not match official domains associated with registered firms or IP Australia.
- Pressure tactics: The emails may threaten legal action or loss of rights to coerce quick responses.
- Requests for immediate payment: It’s a common tactic to demand fees to prevent alleged infringements.
- Unsolicited contact: Legitimate trade mark professionals do not typically reach out to businesses without prior engagement.
It’s important to note that entities like “Trademark Registry Hub”, “Register Your TM”, “TM Filer” and “Patents Registry Hub” are not recognised by IP Australia or listed on the Australian Securities and Investments Commission (ASIC) register. Their use of official-sounding names is a deliberate attempt to mislead recipients.
How to protect your business
To safeguard against these scams:
- Verify communications: If you receive an unexpected email regarding your trade mark or business name, contact Coleman Greig to confirm its legitimacy.
- Avoid immediate action: Do not respond to unsolicited emails or provide payment without thorough verification.
- Educate your team: Ensure employees are aware of these scams and know how to identify suspicious communications.
- Consult Coleman Greig Lawyers: If you have genuine concerns about trademark, or other IP infringement, contact our office and our intellectual property solicitors can assist.
The importance of vigilance
These scams exploit the lack of understanding of trade mark law by many business owners, and the importance businesses place on protecting their brand identities. By staying informed and cautious, you can avoid falling victim to fraudulent schemes that may result in monetary loss or the compromise of your intellectual property rights.
Key takeaways
It’s important that you protect your brand.
That said, there are fake organisations that will play on your fear of losing the rights to your business’ trade marks to extract money from you. Sophisticated scammers are targeting business name holders. They use scare tactics to trick them into paying to file a trade mark application or renew a trade mark registration, which never eventuates. If you receive an email of this nature DO NOT RESPOND.
Legitimate trade mark protection is the best way to safeguard your brand and give you the ultimate peace of mind. We encourage you to take advantage of the legal protections offered under the Trade Marks Act by applying to register a trade mark for your business and any related brands.
Coleman Greig offers a variety of IP services including IP portfolio health checks. We will happily review any unsolicited communications you receive. View our Trade Mark Services brochure.
Obtaining proper legal advice in relation to the protection and commercialisation of your business name and brands is important to your business’ success.
To learn more about protecting your business, including Patents and Design registrations, please contact our IP lawyers at Coleman Greig.
