Trademark Infringement Email Scam – What You Need to Know
What Is the Trademark Infringement Email Scam?
A trademark infringement email scam is circulating in Australia.
The scam targets Australian businesses that have not applied for trademark protection.
The scammer impersonates a real trademark attorney and claims that another party is interested to trademark the recipient’s business name.
A redacted copy of the scam email is below. The email pressures business owners to act quickly or risk losing their rights. This trademark infringement email scam is designed to instil fear and extract payment for fraudulent or unnecessary services.
How the Trademark Email Scam Works
Scammers send emails to business owners, claiming that a third party is about to register a trademark identical to their business name. The email often states:
Another business has applied to register "your" name as a trademark.
The email recipient has "priority" due to prior use but must act fast.
If the email recipient does not file immediately, they could face legal issues or be forced to rebrand.
The sender can file the trademark application for a fee.
The email is designed to create panic, leading business owners to rush into paying for unnecessary or overpriced services. In reality, these claims are misleading or entirely false.
How to Identify a Trademark Infringement Email Scam Australia
Business owners should look for the following red flags when receiving unsolicited trademark-related emails:
1. No Prior Contact or Proof
Legitimate trademark attorneys do not send unsolicited emails about competing applications.
Additionally, scammers do not (and cannot) provide any actual proof that another business is applying for the trademark of concern. Business owners can check IP Australia’s trademark database themselves to verify any pending trademark applications.
2. Suspicious Sender Email Address
Legitimate Australian trademark attorneys use email addresses linked to well-known law firms or IP firms. Scammers use generic or unofficial domains such as:
@trademarkfilersau.com
@patentregistryhub.com
3. False Urgency and Legal Threats
Scammers claim the recipient must act within an unreasonably short period of time (e.g., 24 hours) to prevent severe legal consequences. Scammers also make exaggerated claims about legal risks to push business owners into filing expensive and urgent trademark applications.
4. Unverifiable Attorney Information
Scammers impersonate real trademark attorneys but provide phone numbers and emails that do not match official directories. You can verify registered Australian and New Zealand trademark attorneys via the Trans-Tasman IP Attorneys Board website.
What to Do If You Receive a Trademark Infringement Email Scam
If you receive an email like this, take the following steps:
1. Do Not Respond or Make Any Payment
Avoid replying to the scammer, clicking on links, or providing any personal or financial details.
2. Verify the Attorney’s Identity
Search for the attorney’s name on the Trans-Tasman IP Attorneys Board website and see if they match the contact details in the scam email.
3. Check for Existing Trademark Applications
Visit IP Australia’s trademark database to check if a third party has actually filed an application for your business name (for the same goods and/or services).
4. Report the Scam
Forward the scam email to report@scamwatch.gov.au (operated by the ACCC).
Notify IP Australia via their official website.
5. Consult a Registered Trademark Attorney
If you have concerns about protecting your business name, contact a legitimate Australian trademark attorney to discuss filing a proper trademark application.
Understanding Australia's Trademark System
First-to-Use vs. First-to-File
The scam email refers, quite vaguely, to a first-to-file principle. To be clear, Australia follows a first-to-use trademark system, meaning that prior use of a business name can establish common law rights.
While filing a trademark provides stronger legal protection, the absence of a trademark filing does not automatically mean a business will lose its name.
How to Protect Your Business from a Trademark Infringement Email Scam Australia
1. Register Your Trademark Early
Proactively applying for a trademark prevents scammers from exploiting your business name. A registered trademark gives you exclusive rights and makes it easier to challenge fraudulent claims.
2. Monitor Your Business Name Online
Set up Google Alerts for your business name to detect potential misuse or impersonation attempts.
3. Educate Your Team
Inform your employees about common scam tactics so they can identify fraudulent emails and avoid engaging with scammers.
4. Use Trusted Legal Advisors
Only work with registered trademark attorneys listed on the Trans-Tasman IP Attorneys Board or reputable Australian IP firms.
Have you received a trademark email scam?
This widespread trademark infringement email scam preys on business owners’ fears of losing their brand identity.
These emails are misleading, exploitative, and financially motivated.
By staying informed, verifying claims independently, and seeking professional advice, business owners can avoid falling victim to these scams.
If you are unsure of any trademark correspondence you have received, please feel free to run it by me at warren@ipsavvy.com.au or book a call here.
