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SCAM ALERT: Unsolicited Emails from Trademark/ Patents Registry Hub – Talk to your trusted professionals first

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A number of clients have reported receiving unsolicited emails in recent weeks from persons purporting to be Trade Mark Attorneys from “Trademark Registry Hub” or “Patents Registry Hub”. 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. The emails are 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.

How do we know this is a scam?

  • 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 below:

 
 

What do I do if I receive a suspicious email?

As with any suspicious communication, DO NOT respond.

We understand these emails are concerning (and can seem convincing) because of the level of accurate detail they contain about the recipient’s business. This information has been obtained from public registers – it does not mean that the sender is legitimate or that the threats are real.

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 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 proposed scam scenario becoming real.

 

Key takeaways

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. If your brand or business name is not currently the subject of a registered trade mark, contact us as we can help.

Michelle Dowdle
Principal Lawyer
T +61 3 9611 0114 | M +61 408 674 256
E: mdowdle@sladen.com.au

Anna Martin
Special Counsel
T+61 3 9611 0107 | M +61 437 485 078
E: amartin@sladen.com.au

Thomas Howell
Lawyer
T +61 3 5226 8526
E: thowell@sladen.com.au

Anna Martin