Stay alert: misleading trade mark communications on the rise

We have been seeing a substantial increase in misleading and scam communications targeting trade mark owners and applicants in recent months. This new wave of emails often impersonate regulated legal professionals including barristers, solicitors and law firms, and may use spoofed email addresses and cite Solicitors Regulation Authority (SRA) numbers to appear legitimate.

Typically such messages claim that another party is attempting to register an identical or similar trade mark and urge action within a very short deadline, often demanding payment of unnecessary fees. Often the solicitor or barrister being impersonated does not even have an active practice in the field of intellectual property law.

Key warning signs include:

• Messages creating a false sense of urgency or threat.
• Requests for immediate payment or personal information.
• Use of unfamiliar or slightly altered domain names.
• References to real attorneys, solicitors or firms without genuine affiliation, or any active practice in IP.

If you receive such an email:

• Do not respond or click any links.
• Do not make any payments.
• Do not give out any personal or confidential business information.
• Reach out to your usual trade mark adviser through trusted communication channels to verify the authenticity of any correspondence that you are unsure of.
• Check the credentials of any IP attorney, solicitor or legal firm who is not known to you on the IPReg and SRA registers. It can safely be assumed that any such email purporting to be from a barrister not known to you is not legitimate.
• Consider reporting scam emails to the UK IPO via misleadinginvoices@ipo.gov.uk, or to Action Fraud via their website.

Frauds targeting trade mark owners are becoming increasingly common and sophisticated, and this trend is only likely to continue as AI-assisted tools become universally accessible and make it easier for bad actors to impersonate individuals and companies at scale. Brand owners should remain vigilant and stay up to date on the latest guidance published by the UK IPO and the SRA.

Please contact your usual Boult adviser if you have any concerns about the authenticity of communications received relating to your trade marks.