How to identify trademark scams and invoice fraud

The whole notion of trademark, patent and domain name protection has become increasing important. Protection is crucial in this entrepreneurial and digital age when millions of enterprising people are setting up businesses and developing inventions and creating new ideas – but unfortunately it also opens the door to unscrupulous organisations sending rights holders ‘invoice’ scams.

Types of Trademark Scam

There are basically two sorts of fraud that we see day in, day out – the first is where the scammer offers to do something that doesn’t need to be done, and the second is where they offer to do something that does need doing, but their price is ridiculously inflated.

Both categories often include a misleading ‘invoice’ offering services to help protect your Intellectual Property rights in return for a fee. If you’re not familiar with these scams, you are at risk of paying hundreds to thousands of pounds. Fraudsters are nothing new, but their tactics and methods are always changing and becoming ever more sophisticated.

Usually these types of invoices arrive by post and appear to be from an official trademark registry office. Included with the invoice is either a copy of the application that has been filed by your organisation, or a blank trademark application that needs to be completed and submitted with payment by the expiry date. Often they stay inside the strict letter of the law by burying a disclaimer in the small print.

What action should I take?

If you think you are a victim of a scam or you are not sure if the organisation who has sent you an invoice is official, we recommend you do the following:

1. Read the document thoroughly. It may say somewhere that it’s a solicitation, and not an invoice.

2. Do not ignore the small print as the clue that something is a scam is often hidden there.

3. Check the invoice over with your intellectual property professional. Most will be more than happy to review it and let you know if it is a scam.

Who should be on my radar?

A number of bogus organisations have already been reported to The Advertising Standards Authority (ASA). We have included some of them below:

1. Trademark Renewal Service Ltd

2. Patent & Trademark Office

3. World Patent Trademarks

4. European Trademark Agency

5. Universal Patent & Trademark Service

6. International Patent & Trademark Registration

Further information

If you have been the victim of a scam, would like further advice on whether an invoice you have received is official, or need help with your trademark application, Tidman Legal are here to help. For confidential, professional advice please contact us today.

Tidman Legal are intellectual property specialists based in Edinburgh.