Trade Mark Scams: What Trade Mark Owners Need to Watch For

Intellectual property scams are becoming increasingly sophisticated, with trade mark owners frequently targeted by misleading emails, letters and invoices. These scams are designed to pressure businesses into paying unnecessary fees or disclosing sensitive information.

According to guidance from IP Australia, scams related to managing IP rights are a growing issue, particularly following trade mark filings or renewals. Official information is available here: https://www.ipaustralia.gov.au/about-us/doing-business-with-us/fraud-and-corruption/scams-related-to-managing-ip-rights

Common Trade mark and IP Scams

IP Australia identifies several recurring scam types, including:

• Fake trade mark renewal or registration invoices

• False infringement or opposition claims

• Impersonation of IP attorneys, firms or government bodies

Requests to pay for unofficial registers or databases

These communications often look legitimate, using official-sounding language, logos and urgent deadlines to prompt quick action.

Key Red Flags

Be cautious of correspondence that involves:

• unsolicited payment requests

• pressure to act immediately

• unfamiliar email domains or overseas bank details

• incorrect or vague trade mark information

• directions to engage a specific lawyer or service provider

Legitimate trade mark offices do not issue surprise invoices or demand urgent payment without formal processes.

How to Protect Your Trade Marks

To avoid falling victim to IP scams:

• verify all trade mark correspondence before responding

• do not pay unsolicited invoices

• check practitioners via the Trans-Tasman IP Attorneys Register

• seek advice from your trusted trade mark attorney

If you’re unsure whether a notice is genuine, IP Australia recommends independent verification before taking any action.

How Promarq Can Help

At Promarq, we regularly assist clients in identifying and responding to suspected trade mark scams. If you’ve received unexpected correspondence about your IP rights, we can quickly assess its legitimacy and advise on the appropriate next steps.

If in doubt, ask before you act.