Are those trade mark registration emails a scam?

You receive an email out of the blue. Someone claiming to be an Australian trade mark lawyer says they've received instructions to file a trade mark that is identical or similar to yours. They suggest you need to act immediately to protect your rights.

Sound familiar? We get asked about these emails regularly. The short answer: they're almost certainly a scam.

How the scam works

These emails follow a predictable pattern. Someone contacts you claiming to be a trade mark lawyer or attorney, often using the name of a real Australian lawyer. They say they've received instructions to file a trade mark application that is identical or similar to yours, and imply that you need to take action to protect your position.

The goal is to get you to engage and pay fees for services you don't need. They might offer to file a trade mark on your behalf, or suggest you need to take urgent steps to "block" the competing application. In either case, the supposed threat is fabricated, and the fees go nowhere useful.

How to spot them

These scam emails share several common features:

• Unsolicited contact. You've never dealt with this person before. They've found your details online or from a trade mark register and sent a bulk email.
• Urgency and pressure. The email insists you must act immediately or lose your rights. Legitimate trade mark matters rarely require a same-day response.
• Vague details. The "threat" is described in general terms. They don't provide specific application numbers, register entries, or verifiable details.
• Using real lawyers' names. The sender may use the name of a real Australian lawyer to appear legitimate. If you're unsure, check the lawyer's details independently rather than replying to the email.
• Request for payment. They want you to pay them to file or block a trade mark on your behalf.

What to do

Ignore the email. Do not respond. Do not pay anything.

Engaging with these senders - even to ask questions - can lead to further pressure and follow-up emails. The best course of action is to delete the email and move on.

What if you're genuinely concerned?

If you do have a legitimate concern about someone filing a conflicting trade mark, that's a real issue worth addressing - but not through an unsolicited email from someone you've never dealt with.

The right approach is to speak to a qualified trade mark professional who can:

• search the relevant trade mark registers to check whether anyone has actually filed an application;
• advise you on whether you need to take action; and
• help you file applications in the relevant jurisdictions if needed.

If you want to stay across what's happening with your brand, a proper trade mark monitoring service can alert you to new filings that may affect your rights - without the panic and pressure tactics.

For more on protecting your trade mark overseas, see our guide on international trade marks.

Frequently asked questions

Are all unsolicited trade mark emails scams?

Not every unsolicited email is a scam, but the vast majority of these "urgent" emails about conflicting trade marks are. A legitimate trade mark lawyer will not cold-email you with vague threats and demand immediate payment. If you're unsure, forward the email to your trade mark lawyer and ask them to take a look before you do anything.

I've already responded to one of these emails. What should I do?

If you've responded but haven't paid anything, stop all communication with the firm immediately. If you've made a payment, contact your bank to see if the transaction can be reversed. In either case, it's a good idea to speak to a trade mark professional who can check the relevant registers and confirm whether there's any actual threat to your trade mark.

Need help?

If you've received a suspicious email about your trade mark and want to check whether there's a genuine issue, contact us. We can investigate and give you proper advice.

Please note, the information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to you and your circumstances.