Recent Scam on the Rise – Emails from “Trademark/ Patents Registry Hub”
A number of clients have recently reported to us that they have received unsolicited emails from persons purporting to be Trade Mark Attorneys from “Trademark Registry Hub” or “Patents Registry Hub”. The emails have been identical in form and employ scare techniques to impose a sense of urgency and to prompt action. They also often contain accurate information about the recipient’s business, which can make them seem convincing.
What is the scam?
The scammer may falsely use the name of a legitimate and registered Trade Mark Attorney purporting to be from “Trademark Registry Hub” or “Patent Registry Hub”. The scammer tries to convince you that if you do not pay them to file a trade mark application on your behalf, they will file an application for a similar mark on behalf of another party which has “recently approached” them.
The scammer goes on to say that they recommend “acting swiftly to secure your rights and avoid the risk of a legal battle”.
These emails tend to be targeting clients who have business name registrations which are not currently the subject of trade mark protection. Recipients are misled into believing that their brand or business name is at imminent risk from a third party unless they engage the “Attorney” to file an urgent trade mark application on their behalf
IP Australia has published an example of the scam to show people what it would look like, see here:
How do we know this is a scam?
This is a particularly sophisticated scam. It contains detailed and accurate information taken from public registers. We have already had numerous clients coming to us regarding this scam.
Ways that we have identified this as a scam are:
The emails are identical in form;
The “legal advice” provided in relation to the operation of the Trade Marks Act 1995 (Cth) (Trade Marks Act) and associated legal rights is inaccurate, unsound and misleading;
Neither of “Trademark Registry Hub” or “Patents Registry Hub” exist on the ASIC Register;
Neither of “Trademark Registry Hub” or “Patents Registry Hub” are listed on the Trans-Tasman IP Attorneys Regulation website;
The senders appear to be impersonating real Trade Mark Attorneys who are listed on the Trans-Tasman IP Attorneys Regulation website, but who work for other, bona fide legal professional firms; and
IP Australia (the Australian Government agency that administers intellectual property rights and legislation including in relation to trade marks) has published a copy of the template email as an example of a known scam on its website (see above).
What do I do if I receive a suspicious email?
As with any suspicious communication, do not respond.
While these emails are concerning and can seem convincing because of the level of accurate detail they contain about the recipient’s business, they are an attempt to create urgency regarding the operation of your business.
CONTACT US – we can talk to you about your legal rights. If your business name or brand is not currently the subject of trade mark protection, it is be a good opportunity to discuss how we can help you to protect it. The reason why this scam is problematic for so many businesses is because the scam has identified a gap in IP protection. This gap should be fixed to avoid the scam becoming reality.
Key takeaways
It is important that you protect your brand. That said, there are illegitimate organisations out there that will seek to play on your fear of losing rights to your business’ trade marks as a means of extracting money from you. Sophisticated scammers are targeting business name holders by email and using scare tactics to coerce recipients into paying the scammer to file a trade mark application on their behalf. 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 all our clients to take advantage of the legal protections offered under the Trade Marks Act by applying to register a trade mark for their business.
Obtaining proper legal advice in relation to your business name and brands is important to the success of a business. If you would like to learn more about how to protect your business properly, please refer to our website or get in contact with one of our IP lawyers at Harwood Andrews.
Michelle Dowdle
Principal Lawyer
T 03 9611 0114
E mdowdle@ha.legal
Thomas Howell
Lawyer
T 03 5226 8526
E thowell@ha.legal
