Your questions answered

Tom Farrand, a council member of the institute of trade mark attorneys (ITMA) answers some questions from a trade mark owner about letters asking for money to go on a register

TMO: I have a registered trade mark and a certificate from the UK-IPO setting out the details of the registration but recently I got a letter from someone I don’t know asking me for just over 1,500 Euros for my trade mark to go on an international register. What should I do?

TF: Don’t pay anything! Sadly this sounds like one of a number of "scams" doing the rounds. You should not pay anything or take any action without checking the authenticity of the letter with either your trade mark attorney or the UK-IPO.

TMO: But how did they get my details?

TF: Your details are on the trade marks register, which is available for anyone to look at via the UK-IPO website. These people do not contact legal representatives such as registered trade mark attorneys (often members of ITMA) who can act on your behalf. They know that a trade mark attorney will quickly spot their request as a scam.

TMO: So why have they written to me now?

TF: They usually use some event like the start or end of the opposition period as a trigger to send out these letters. They rely on individuals who may not be familiar with the appearance of genuine official documents, and who may assume that what they receive is just part of the process.

TMO: So if they are scams, are they illegal?

TF: Yes, in some cases they are obviously illegal. In other cases people are very clever and cover themselves by saying your trade mark will be put on a register or published in a book. Even though entry on their register or publication in their book is of no value, they are, nevertheless, offering something they can argue is genuine. Having said that, these letters are clearly misleading and we are working with trading standards officials and their counterparts in other organisations to try and get it stopped where we can.

TMO: What should we look for to be wary of scams?

TF: If you use a trade mark attorney then you can be sure that all official communication will be vetted and reported to you. If it involves spending money your trade mark attorney will explain clearly to you why and what it is for. Anything that comes directly to you should be referred to your trade mark attorney. If you deal directly with the UK-IPO, look for the UK-IPO logo and be wary of anything that asks for money. If you are uncertain, call the UK-IPO. You can also call ITMA and ask one of its members to give you some guidance. There will be no charge for simple matters like this.

TMO: But I have a letter that looks like it is from the EC because it has a very official looking logo and a grand name?

TF: These people are very creative and can make their notices look official. If you are unfamiliar with how genuine official documents look then you are vulnerable to these scams. The fact that government departments and institutions often change their names, logos and appearance maybe contributes to the potential confusion. Again, you have to be wary of people asking for payment. Even if you think it is genuine, there is no harm in checking.

TMO: If it is such a common problem, why can’t you stop it?

TF: These letters often originate from outside the UK making it very difficult to police. The authorities are trying to increase awareness of the problem which is why it is important that you let them know if you get such letters. Publicity can only help. These companies rely on busy people paying bills without question. You need to be alert to them.

There are many other scams around not just relating to trade mark and patent owners, but also in other sectors. We have to recognise the difficulty Trading Standards Officers face here and in other countries with the preponderance of rogue businesses to track down and prosecute. ITMA is active in this area to both increase awareness and also contribute to closing down the scams where we can.