In recent weeks, business owners have reported receiving unsolicited emails from individuals falsely claiming to be Trade Mark Attorneys representing organisations such as “Trademark Registry Hub” or “Patents Registry Hub.” These emails often target businesses that have registered a business name but lack trade mark protection, creating a false sense of urgency to act.
The message? Recipients are misled into believing their business name or brand is at risk from a third party unless they immediately engage the sender to lodge a trade mark application on their behalf. These emails rely on fear tactics and often appear genuine, even containing accurate details about the recipient’s business – information likely obtained from public registers.
Why These Emails Are a Scam
Here are some red flags to watch out for:
- Identical Messages: These emails follow the same format and wording, which is a common tactic in scams.
- Inaccurate Legal Claims: The legal advice provided in these emails is often incorrect, misleading, and based on misinterpretations of the Trade Marks Act 1995 (Cth).
- Nonexistent Organisations: “Trademark Registry Hub” and “Patents Registry Hub” do not appear on the ASIC Register and are not listed on the official Trans-Tasman IP Attorneys Regulation website.
- Impersonation: The senders appear to be fraudulently using the names of legitimate Trade Mark Attorneys who work for credible legal firms.
IP Australia (the Australian Government agency that administers intellectual property rights and legislation including in relation to trade marks) has published a copy of the template email as an example (as shown below):
What Should You Do If You Receive One of These Emails?
If you encounter an email like this, do not respond. Here are some steps to take instead:
- Verify the Sender: If you’re unsure about an email, check whether the organisation exists on the ASIC Register or the Trans-Tasman IP Attorneys Regulation website.
- Consult a Professional: Reach out to a trusted legal professional or trade mark attorney to confirm the legitimacy of the claims.
- Stay Calm: While the emails may appear convincing, remember that much of the information included is publicly available and does not indicate a real threat.
Protecting Your Business
Receiving emails like these can be unnerving, but staying informed is your best defence. Protecting your brand with proper trade mark registration is a proactive way to safeguard your business against potential risks – real or fabricated.
If you’re unsure about whether your business name or brand is adequately protected, contact us for a consultation. We’ll help you navigate your options and ensure your intellectual property is secure.
Remember, while this information provides a general overview, legal advice tailored to your specific circumstances is invaluable. Don’t hesitate to contact Rise Legal for personalised guidance or book in a free Discovery Call.
Disclaimer: This blog post is intended for informational purposes only and should not be considered legal advice. Consult with a qualified commercial lawyer for personalised advice related to your specific circumstances.
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