Scam Warning: Beware Of Fake Email On Copyright And Trade Mark Protection
UPDATE 29 January 2025: Since this blog post was written, we’ve learned that the scammers behind these emails have also been operating under the names “Trademark Registry Filer” and “TM Registry Filer.” While the three associated websites (Patent Registry Hub, Trademark Registry Hub, and presumably the newer ones) appear to have been shut down or the domains repossessed, this is a constantly evolving situation. At 10 February, there are still emails being sent from “TM Registry Filer”, but, the domain name has altered slightly. We suspect the website will again be shut down, but it’s possible the scammers will resurface using new domains and sender names. We encourage you to remain vigilant and follow the advice outlined in this post for identifying and avoiding these scams. We will continue to monitor the situation and provide updates as needed.
A large number of people have reported an email scam doing the rounds which urges business owners to take immediate action to protect their business name by filing for trade mark registration (by contacting the author via the supplied contact details of course!).
The email informs the recipient that a third party is trying to register their business name as a trade mark – and given that Australia is a ‘first-to file’ jurisdiction, their intellectual property (IP) is under threat even though they have been actively using it for some time. There are various versions of the email, but it is extremely concerning that they are fraudulently being signed with the names of legitimate trade marks attorneys. Firstly, a legitimate trade marks attorney will never contact a third party to inform them of a prospect or client’s plans. Secondly, Australia is not a first-to-file country.
At the time of posting, MMW Trademark Services has heard from at least 30 clients and other businesses enquiring about the authenticity of the email since re-opening for business following the holiday period on 13 January 2025. This scam has also attracted the attention of IP Australia who have already issued a number of public warnings.
While the email is fundamentally incorrect and contains a number of red flags which are evident to a trained legal eye, it is understandable why it could compel someone who is not as familiar with Australian trade mark law and terminology – but who nonetheless understands the importance of protecting their IP assets – to respond.
How to recognise this email scam
Scammers are getting smarter all the time and that’s why we all have to be hypervigilant and pedantic when we receive an unsolicited communication asking for a response – regardless of whether the sender is known to us or not.
Here’s why my very basic sleuthing skills suggest this trade marks email is a scam.
The business website The ‘businesses’ (Patent Registry Hub or Trademark Registry Hub) which is sending these emails don’t appear to have a corresponding business/company name registered in Australia.
Given that patents and trade marks are different forms of IP, it is unusual for the business name ‘Patent Registry Hub’ to promote trade mark services.
Use of the term ‘copyright’ The website also promotes ‘copyright’ registration services. In Australia, copyright is automatic and is therefore not required to be registered in this country.
Dubious domain name The owner of the domain names (patentregistryhub.com and trademarkregistryhub.com) has used a privacy shield, which means they cannot be identified easily. Generally, secrecy is a red flag.
Unsolicited email Scams are so prevalent these days, so any email that is unsolicited and which creates a sense of urgency and uncertainty should be an immediate red flag.
In our view, THE most concerning thing about this scam is that it uses the names of different, legitimate, trade marks attorneys. This means that a business owner who receives this email could reassure themselves that the author is legitimate by checking the attorney’s name at https://www.ttipattorney.gov.au/ or by doing a quick Google search on their name/credentials. They may then be lulled into thinking it is safe to respond.
Scammers and phishers are known for creating a false sense of urgency in order to pressurise people to respond prematurely. They know that by instilling uncertainty and urgency about something that people value (such as their money, their family and in this case, their valuable business IP), people are more likely to make a snap decision without consulting a trusted advisor.
The email in question does just that. It conveys a sense of urgency and repeatedly reminds the business owner that any delay in following up the ‘trade mark matter’ could result in significant legal and operational consequences for their business – and this can cause people to react instinctively.
What you should do if you receive a scam email about trade mark registration
The first rule is never reply to an unsolicited email of any sort.
If you are unsure of the legitimacy of the contact, go directly to a trustworthy source. Visit their official website, log in to your account or call their phone number. In the case of the subject scam, check sources such as ipaustralia.gov.au and the IP Australia LinkedIn page.
Never use the links or contact details supplied in the message.
Whilst the subject scam does not request these details, remember that a legitimate entity will never ask you to provide your password or login details.
If you are ever unsure about the authenticity of an email message you’ve received about your IP or trade mark, you can always email me at jacqui@mmwtrademarks.com.au. You don’t need to be an existing client of MMW Trademark Services to do this as I am very happy to review the situation and advise if the email appears legitimate or not.
