We have recently been made aware of a new trade mark related scam that is currently operating in Australia.
Scammers posing as trade mark attorneys or representatives are sending fraudulent emails to business owners, alleging that newly established companies are attempting to register trade marks that are identical or substantially similar to their existing brands. These scammers impersonate a known trade mark attorney or representative. However, the email contains false information to try and get the recipient to spend money on unnecessary or unwarranted trade mark services.
These deceptive communications employ high-pressure tactics, warning recipients of potential legal consequences such as infringement claims, cease-and-desist demands, and costly rebranding efforts. The emails typically urge recipients to act immediately by filing a trade mark application—conveniently offering the scammer’s own services to secure supposed priority rights. IP Australia has published an example of this scam here.
What can you do?
Businesses are advised to exercise caution and seek verification from their regular AJ Park contact or a qualified trade mark professional before responding to any unsolicited trade mark-related correspondence. If you have any concerns about unsolicited emails regarding your trade marks, our team can assess whether your existing rights are being infringed or whether any further action is required.
To safeguard your business against potential scams, consider the following precautions:
- Check details: We recommend closely checking the email details including the email address used, and any details such as website links. If in doubt about the origin on the email, please send it through to your AJ Park representative and one of our team can assist.
- Confirm government correspondence: If the email purports to be from a government agency such as IP Australia or the Intellectual Property Office of New Zealand, independently verify the claims by contacting the agency through its official channels.
- Avoid direct engagement: Do not respond to the email or use any contact details provided, as these are likely to direct you to the scammers.
- Protect your financial information: Never provide payment or share credit card details with unverified sources, and please check with us before any payments are made to an unknown source.
Remaining vigilant and seeking professional advice before taking action can help protect your intellectual property and prevent financial loss.
If in doubt, reach out to your contact at AJ Park.
