Warning: unsolicited mail about unofficial registration services

We are aware that some companies and individuals are sending out unsolicited mail to applicants and owners of UK patents, designs and trade marks inviting them to apply for entry in various (sometimes official sounding) publications and "registers" in return for payment of a fee. These parties tend to make their offers in the form of invoices, which are usually sent out after the publication of the official UK patent, design, or trade mark application.

You should be aware that these companies are not linked to any Government or Community Institution and there is no obligation to pay them.

The only offices that are able to provide legal protection for patents, designs and trade marks in the UK are the Intellectual Property Office itself, the European Patent Office and the Community Trade Mark Office (more formally known as the Office for Harmonisation in the Internal Market - OHIM).

The Community Trade Mark Office , and the European Patent Office have examples of these invoices on their websites.

Warning: unsolicited mail offering assistance to file Community Trade Mark applications

We are aware that other businesses are writing to applicants of UK trade marks offering (for a fee) to file a Community Trade Mark application based on the data present in the UK trade mark application. If you decide to consider such an offer you should check:

a) Whether the person is offering to represent you before OHIM in the event of any problems with, or objections to, your application (as not everyone can).

and;

b) Whether the fee quoted by the UK service provider includes the official fees for making a Community Trade Mark application and, if not, how these further fees will be paid.

If you receive such a letter or invoice as any of those described above, check carefully to see exactly what services you are being offered and whether it comes from an official source such as those listed above. If you are in any doubt, please check with your registered Trade Mark or Patent Attorney, or with your Solicitor, or contact us.

If you need to find a qualified legal representative, try the following:

• The Institute of Trade Mark Attorneys (ITMA)
• The Chartered Institute of Patent Attorneys (CIPA)
• The Law Society

Other sources of information you may find useful:

Consumer Direct is the government-funded service for information on consumer issues, including the reporting of unsolicited contacts from third parties. Consumer Direct has regionally based advisors who are specially trained to give practical advice on consumer issues.

The Advertising Standards Authority (ASA) . This independent body polices the rules laid down in the advertising codes. The ASA regulates the content of advertisements, sales promotions and direct marketing in the UK. The ASA will also adjudicate on complaints against companies sending direct mail either by post, fax, text message or e-mail.