SCAM ALERT: Beware of fake trade mark infringement notices targeting business owners
A number of our clients have, over the past few months, received alarming emails claiming that another party has initiated a trade mark application for their business name. These emails often create a false sense of urgency, pressuring recipients to respond quickly and take immediate action to protect their brand.
Unfortunately, these communications are part of a growing scam designed to exploit business owners' fears about losing their business identity and intellectual property rights.
How the Scam Works
The fraudulent emails typically follow a similar structure:
Claim of a Trademark Conflict - the recipient is informed that another party has filed a trade mark application for the recipient’s business name with IP Australia.
Priority Due to Longstanding Use - the email claims that the recipient’s business has a longstanding history with the name, giving them priority to secure the trade mark.
Urgent Deadline - the recipient is warned that they have only 24 hours to respond or the other party’s filing will proceed.
Threat of Legal Consequences - the email outlines potential consequences if the other party secures the trade mark, including:
Cease-and-desist orders requiring the business to stop using the name.
Rebranding costs, including changes to marketing materials and business signage.
Legal action and financial penalties.
Call to Action - The email typically requests that the recipient respond directly or call a specific number to initiate the trade mark filing process.
Why This is Suspicious
There are several red flags that indicate these emails are fraudulent including unverified claims of the competing trade mark application and also high-pressure tactics. Genuine trade mark applications follow a legal process and timeline that allows for review and response — urgent 24-hour deadlines are uncommon.
How to Protect Yourself
If you receive an email like this, we suggest that you take the following steps to protect your business:
Do Not Respond - avoid replying to the email or calling the number provided.
Verify the claims - search the Australian Trade Marks online search system or contact IP Australia directly using their official website or phone number to confirm whether any trademark applications have been filed.
Consult McKays Solicitors - If you have genuine concerns about trademark infringement, contact our office and our intellectual property solicitors can assist.
Scammers are becoming increasingly sophisticated in their attempts to target business owners through fake trademark infringement notices. By staying informed and vigilant, you can protect your business from falling victim to these fraudulent schemes. Always verify any claims with official agencies, avoid responding to high-pressure tactics and seek professional legal advice from the team McKays Solicitors when in doubt.