Protecting your trade marks: recognising misleading trade mark emails

Businesses are increasingly being targeted by unsolicited emails concerning their intellectual property rights. These communications commonly fall into two categories: (1) emails claiming that a third party is seeking to register a brand name or trade mark; and (2) requests for payment relating to trade mark registrations, renewals or monitoring services.

Conflict emails

Conflict emails typically claim that another individual or business has instructed the sender to file a trade mark application for a brand name which matches or resembles your own. The recipient is then offered a limited opportunity to apply for trade mark protection before the third party proceeds.

Invoices

The second type of communication involves unsolicited invoices or payment requests relating to existing trade mark registrations. These emails may refer to publication fees, monitoring services, unofficial trade mark registers or renewal services and are often designed to resemble official correspondence. In some instances, the services being offered may exist but are not required to maintain trade mark registration. Businesses should therefore review any unexpected invoice carefully and confirm whether it originates from their usual trade mark adviser or the relevant intellectual property office before making payment.

Although these communications can appear convincing, they often seek to create a sense of urgency. Recipients may be warned that failure to act immediately could result in the loss of rights, infringement claims or costly rebranding exercises. Whilst brand owners should take trade mark protection seriously, it is important to independently verify any claims before making decisions based on information provided in an unsolicited email.

Why are these emails concerning?

Many of these communications are designed to appear legitimate. References to intellectual property offices, trade mark legislation and strict deadlines can make it appear that immediate action is required.

The concern is not simply that businesses receive these emails but that they may be pressured into making decisions without fully understanding the underlying position and/or paying high fees for services that are unnecessary.

What should you do if you receive unsolicited trade mark correspondence?

If you receive an unexpected communication about a proposed trade mark filing, it is sensible to verify the legitimacy of the correspondence, particularly before making any payment.

How we can help

Our Intellectual Property team regularly advises businesses on trade mark protection, portfolio reviews and brand enforcement strategies. If you have received a communication relating to your branding or would like to discuss any issue relating to your trade mark portfolio, please get in touch with a member of our team.