Aussie businesses are being targeted by a sophisticated new trade mark scam: impersonating legitimate trade mark attorneys. These scammers are exploiting the trust placed in professionals to trick business owners into handing over money and sensitive information - all under the guise of protecting their brand.
In this new scam, fraudsters send professional emails claiming that a third party is about to register your business name as a trade mark and that, unless you act within 24-48 hours, you’ll lose your rights. The catch? The email is fake, the urgency is manufactured, and the so-called “attorney” is a scammer.
Here’s how to spot a fake trade mark email.
The Anatomy of the Scam
These emails often arrive with alarming subject lines designed to catch your attention and make you open the email, like:
“URGENT: Trade Mark Infringement Notice”
“Urgent Action Needed to Secure Your Trademark Rights”
“Your Business Name Is Being Registered - Immediate Action Required”
“Trade Mark Alert: Protect Your Brand Now”
One key red flag is where the email uses the word “trademark” as one word, rather than as two words. In Australia, we use “trade mark” as two words and all registered trade marks attorneys and lawyers will almost always use it as two words.
The body of the email typically includes lines like the below to generate immediate concern for your business:
“We have received a notification that a third party is attempting to register your business name as a trademark. Australia is a ‘first-to-file’ jurisdiction, meaning you may lose your rights unless you act immediately.”
“I am contacting you regarding your business name. Our office has received an inquiry from another party seeking to register this name as a trademark with IP Australia. Upon review of the register, we found no application or registration currently filed under your ownership.”
The email may go on to say:
“We are contacting you on behalf of Trademark Registry Filer [or similar fake company name]. To prevent registration, you must file a trademark application within 24 hours.”
“We are currently gathering relevant information to assess whether there is any pre-existing use or enforceable claim to this mark. If you have been using this name in connection with goods or services in Australia, or you believe you may have legal or commercial rights to it, we invite you to respond with any relevant details or clarification at your earliest convenience.”
“Please respond within 72 business hours so we can advise you on the appropriate steps to secure your rights and avoid any unintended forfeiture of your brand identity.”
Some emails even impersonate real attorneys to appear legitimate, using their names, firm names and logos. The scammer may offer to file a trade mark on your behalf for a fee, often ranging from $500 to $1,500, and request payment via bank transfer or cryptocurrency. The emails may claim that failing to act could affect your ownership or use of a domain name, or claim they are associated with auDA.
Have you been contacted by Emma Berry regarding an urgent trade mark action? Be aware that any legitimate correspondence will only come directly from our email, emma.berry@brandlore.com.au. If you are unsure, we recommend forwarding any email you receive directly to us to verify its authenticity. We will only contact you regarding an office action if you are already a client of Brandlore.
Why It’s so Dangerous
These scams are particularly effective because they prey on urgency and the idea that a business owner might lose their brand name for a business they’ve spent years or decades growing. The scam emails are detailed and informative, so they appear at first instance as legitimate, as only a practising trade mark attorney would be familiar with the details governing trade mark law in Australia. But here’s some quick facts:
Australia is not a “first-to-file” jurisdiction in the way many scammers claim. Prior use of a brand name can carry significant legal weight.
Legitimate trade marks attorneys do not cold-email business owners with threats or urgent demands.
Trade mark filings should always be done through trusted channels like IP Australia or with a registered trade marks attorney.
You can check the credentials of registered trade marks attorneys using the Trans-Tasman IP Attorneys Directory - be sure to use their contact details on a legitimate website relating to that attorney rather than the contact details included in the suspected scam email, as these often divert communication through the scammer instead.
IP Australia’s website includes additional details about common scams relating to trade marks, and recommends exercising caution if you receive an unexpected email about IP rights.
What To Do If You Receive a Scam Email
If you receive one of these emails:
Do not respond. Don’t click links, download attachments, or send money. Don’t contact the sender via the contact details included in the email.
Verify the sender. Check the attorney’s registration via the Trans-Tasman IP Attorneys Directory. Search for the attorney in an independent Google search to find their website and correct contact details.
Report the scam. File a report with Scamwatch and notify your bank if you’ve made a payment.
Consult a legitimate trade marks attorney. They can confirm whether any real threat exists and help you take proper action.
Protect Your Brand the Right Way
Your brand is your business’ identity; don’t leave it vulnerable to scammers. Always work with a registered trade marks attorney who understands the law and has your best interests at heart. They’ll guide you through proper registration, renewal and enforcement without the drama or deception.
If you’re unsure where to start, Brandlore is a trusted firm that can assist in all trade mark matters. See our Services for more details or contact Emma Berry directly at either emma.berry@brandlore.com.au or our via our contact form.
Let’s shut down these scams by staying informed, alert, and connected to real professionals. Your business deserves nothing less.