Beware of Fake TM Attorneys in Australia & New Zealand
The Trans-Tasman IP Attorneys Board (TTIPAB) has warned about an ongoing email scam targeting business owners and intellectual property (IP) attorneys. These fraudulent emails impersonate registered IP attorneys, pressuring businesses to file a trade mark application by falsely claiming that another party has initiated a filing for their brand. The emails typically include the name of a legitimate attorney but with incorrect contact details, attempting to deceive recipients into engaging their services under false pretences.
The Impact of These Scams
These scams harm multiple stakeholders, including:
- Business Owners: Entrepreneurs and companies may be tricked into unnecessary or fraudulent transactions, leading to financial losses.
- IP Attorneys: Reputable attorneys have had their names and credentials misused, damaging their reputations.
- The IP Profession: These scams undermine trust in legitimate trade mark services and create confusion for clients.
Recognizing the severity of this issue, the TTIPAB has committed to addressing it at its next meeting in Wellington, New Zealand, on April 10 and 11. Additionally, IP Australia and the Institute of Patent and Trade Mark Attorneys (IPTA) have taken steps to raise awareness and shut down some of the fraudulent websites linked to these scams. However, the fraudulent activities persist.
How to Protect Yourself and Your Business
If you receive an email claiming that another party is attempting to file your trade mark and urging you to engage their services immediately, do not take it at face value. Here are steps to safeguard your business:
- Verify the Sender: Check the attorney’s contact details against official sources such as the TTIPAB or IP Australia’s attorney register.
- Watch for Pressure Tactics: Genuine attorneys will not use threats or urgency to push you into immediate action. Be cautious of any communication that pressures you into making a quick decision.
- Report Suspicious Emails:
- If you receive a suspicious email, report it to Scamwatch (www.scamwatch.gov.au).
- If you are an IP attorney whose identity has been misused, report the matter to the Australian Federal Police.
- Stay Informed: Keep up to date with fraud prevention advice from IP Australia and the TTIPAB.
- Verify Threatening Letters: Be sceptical if you receive a threatening letter from a supposed “trade mark attorney” soliciting business by claiming that you will lose your rights unless you engage their services. Check the sender’s credentials through the TTIPAB directory at https://www.ttipattorney.gov.au/for-clients/how-to-engage-an-attorney/find-an-ip-attorney-or-firm to confirm their legitimacy.
Ethical Standards in the IP Profession
The TTIPAB emphasizes that registered attorneys adhering to the Code of Conduct would never engage in such deceptive practices. Attorneys who have had their personal details misused have suffered significantly due to these fraudulent activities. As such, attorneys and business owners alike should remain vigilant and exercise due diligence in verifying the legitimacy of communications.
If you have any concerns or questions regarding this issue, you can contact the TTIPAB Board Secretary at secretary.ttipab@ipaustralia.gov.au. For more information on fraud prevention and the latest scams, visit IP Australia’s website.
Stay Vigilant and Work with Registered Professionals
Always remain vigilant and ensure that you are dealing with a registered professional trade mark attorney who will provide you with the respect and professionalism you deserve. Any abusive behaviour by an attorney should not be tolerated.
At Markport™, we are committed to maintaining the highest standards of professional integrity and ensuring that businesses receive trusted and legitimate trade mark services. If you have any doubts about trade mark-related communications, feel free to reach out to us for verification and guidance.
For more information about how we can help protect your brand, visit our Contact Page.