Beware of “Trademark Conflict” Emails: A Growing Scam Targeting UK Businesses
Over recent months, we have seen a significant increase in so-called "trademark conflict" or "trademark warning" emails circulating among UK businesses, brand owners, agencies, and consultants. These messages are designed to appear authoritative, urgent, and legally credible, but in many cases, they are not legitimate.
A recent trademark scam UK example illustrates how convincing these communications can be.
Trademark Scam UK: What Does It Looks Like?
The email typically claims to come from a "Trademark Division" of a law firm or legal service provider. It alleges that a third party has filed, or is about to file, a UK trademark application identical or similar to your business name. The message often references:
- The Trade Marks Act 1994
- Section 5 or 5(4)(a) relating to relative grounds for refusal
- UKIPO practice guidelines
- The Trade Marks Rules 2008
- Alleged risks to domain names via Nominet dispute resolution
The sender may request that you urgently confirm whether you have prior rights, submit evidence, or respond quickly "before the application proceeds." In some cases, the email offers to file a trademark application for you immediately, supposedly to protect your position. The tone is formal, legalistic, and intentionally intimidating.
Trademark Scam UK: What Are The Red Flags?
While these emails can look sophisticated, the following are several warning signs to look out for:
1. Newly registered or obscure domains
Many messages are sent from recently registered domains that closely resemble legitimate law firms but are not associated with recognised UK practices.
2. Unusual claims about "statutory obligations"
UK trademark attorneys and solicitors do not have a duty to notify third parties of potentially conflicting applications. The UK Intellectual Property Office does not require this, and no private firm acts as a gatekeeper in this way.
3. Pressure and artificial urgency
Statements suggesting that "a lack of response may be interpreted as an absence of objection" are misleading. Failure to reply to a random email does not waive your legal rights.
4. Offers to file on your behalf
A common objective of these emails is to persuade recipients to pay for unnecessary or overpriced trademark filings, often through unregulated or overseas services.
5. Incorrect explanation of UK trademark procedure
The UK operates a first-to-file system, but rights are not lost simply because you did not respond to a third-party email. Opposition periods, invalidation actions, and passing-off claims all exist independently of such correspondence.
What the UKIPO Actually Does
The UK Intellectual Property Office does not send "pre-warning" emails via private law firms. It does not instruct solicitors to contact potential prior rights holders. Trademark applications are published openly, and it is up to rights holders or their appointed representatives to monitor and oppose applications if needed.
Importantly, legitimate trademark attorneys and solicitors will not threaten that silence equates to consent, nor will they imply domain names can be automatically seized without due process.
What You Should Do If You Receive One
If you receive an email like this, we suggest taking the follows steps:
- Do not panic and do not respond immediately
- Do not send evidence, documents, or payment
- Do not click links or download attachments
- Verify the sender independently, not using the contact details in the correspondence
- Speak to your existing IP adviser or a regulated UK trademark solicitor
A quick check of the UKIPO register can usually confirm whether any trademark application actually exists.
Final Thoughts
Trademark scams in the UK are becoming more sophisticated, borrowing legitimate legal language to create urgency and fear. While protecting your brand is important, protection should always be proactive, informed, and handled through trusted, regulated IP professionals.
If you are unsure whether a "trademark conflict" or "trademark warning" email is genuine, seek independent legal advice before taking any action. A legitimate IP adviser will help you assess real risks without pressure, scare tactics, or misleading claims.
Staying informed is the best form of defence against these increasingly common scams that could lead to your business paying out money unnecessarily or your brand being hijacked.
Make an Enquiry Now
For advice relating to trademark scams in the UK, call our intellectual property experts on 0131 478 4724 or complete an Online Enquiry.
We have helped hundreds of individuals and businesses across the UK.
Please note the contents of this blog is given for information only and must not be relied upon. Legal advice should always be sought in relation to your specific circumstances.
