Trade Mark Scams – Protecting Your Business
Author: Ian Aldridge, Progressive Legal
Just applied for a Trade Mark? Watch out for scam artists!
At Progressive Legal, we are dedicated to helping businesses learn about risks and avoid falling victim to scams such as trade mark scams. Keep reading as we teach you the telltale signs of trade mark scams and the basics of trade marks you need to know.
If you have a concern about a trade mark scam, please get in touch with us today by making an enquiry below or call us on 1800 820 083.
There are an increasing number of trade mark scam artists operating who will target you asking for money. Be aware of them before making a mistake!
If you’ve just applied for your trade mark, expect to get a few phishing trade mark scam artists. Often from Hungary or Czech Republic, they write to you with their international bank details asking you to deposit AUD $1,850 to their account to complete the transaction! Don’t pay a cent – it’s a scam!
Because it is a matter of public record, somehow these scam artists get a hold of your trademark details and address on the record and send correspondence to you by mail.
These days there are a lot of scams doing the rounds.
It’s highly probable that once your trade mark application has been filed with IP Australia, you’ll receive invoices from overseas companies claiming that you owe, sometimes thousands of dollars, to keep your trade mark alive.
What are the Common Types of Trade Mark Scams?
There are a few common patterns of trade mark scams, with the most notable being that they originate from overseas. Often from countries such as Hungary and the Czech Republic, trade mark scammers may write to you, inform you that you need to renew your trade mark registration, and ask for deposits into their international bank accounts.
Another common type of trade mark scam is one informing your business of another party registering the same trade mark in an overseas country, and offering you paid services to file an opposition against the trade mark. They may be in the form of an email scam.
Recently trade mark owners have been contacted by Chinese trade mark agents claiming that someone has tried to register their trade mark in China and would like to file an opposition against the trade mark. If you’ve received a letter or email like this, it would appear you’ve been targeted by a scammer seeking to defraud businesses through payment of fake fees.
IP Australia has compiled a list of organisations known to send unofficial trade mark invoices. Learn which organisations to be wary of here.
In addition to different types of trade mark scams, businesses also need to be wary of:
- ABN scams
- ASIC scams (ASIC email scams, ASIC renewal scams)
- Business name renewal scams
- Domain name scams.
Our Trade mark lawyers and trade mark attorneys can advise you on what to do should you be targeted by one of these scams. Feel free to make an enquiry below so we can help protect your business.
Trade Mark Scams FAQs
What does a registered trade mark protect?
A registered trade mark protects your business’ assets from the misuse by another. By registering for a trade mark, businesses can protect their logos, names (business and product), smells, shapes, packaging designs and other assets from being used by other entities.
Trade marks cannot protect ideas or inventions – hence any organisation offering to do so may well be scamming you.
How long does a trade mark last for?
In Australia, your trade mark registration lasts for ten years, and businesses can renew their trade marks up to one year before their ten-year period is up.
Any organisation asking your business to renew a trade mark before the ten-year period is most likely scamming you.
How much does a trade mark cost?
The only fees you need to pay to IP Australia are the application fees when you file the application and renewal fees every 10 years (unless fees are required to overcome objections raised against your application).
If a trade mark cost payment request does not come directly from IP Australia or your lawyer, DO NOT pay it. If you are in doubt as to whether or not you have received a scam, feel free to forward it through to us and we’ll let you know.
Find out how much it costs to register a trade mark in Australia here.
Need Trade Mark Help?
Please get in touch with us today via phone or the contact form on this page.
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