Intellectual property (IP) scams make use of public information make the scammers seem legit, when really they are just targeting individuals and businesses trying to protect their IP rights. These scammers are phishing.
Common IP scams
Here are some common scams:
- Fake Invoices: Scammers send invoices for IP-related services, such as trademark registration or renewal fees, which are not actually required
- Spoofing: Scammers impersonate officials from legitimate organizations like the United States Patent and Trademark Office (USPTO) to trick victims into providing personal information or paying unnecessary fees.
- Directory Listings or publications: Here a third party offer to list trademarks in non-existent or irrelevant directories for a fee, claiming it will provide protection. They also offer to publish your patent application. These are really offers for low-value services that look like invoices.
- Domain Name Scams: Scammers claim that someone else is trying to register a domain name similar to your trademark and offer to secure it for you at an inflated price.
- Renewal Scams: Scammers send notices about upcoming renewals with incorrect deadlines or fees, pressuring you to act quickly and pay them.
Uncommon scams
Decades ago I received a letter proposing an advanced fee scam. The US Federal Bureau of Investigation defines these a “when the victim pays money to someone in anticipation of receiving something of greater value … and then receives little or nothing in return.” They had harvested my information from a PCT patent application and proposed a complicated story. However, it was nothing more than a Spanish Prisoner letter. These started in the 1700s. I wish I had kept that letter.
A new scam
In July of 2024, some of our clients received emails requesting payments to prevent ‘threats’ to their trademarks. Indeed many companies received these emails.
A quick inspection showed these were fraudulent with many tells which we won’t detail here. However, note two things. One, using public information doesn’t make the message or messenger legitimate. Always ask yourself if the details are public. Two, urgency and payment define most scams.
The College of Patent and Trademark Agents (CPATA) promptly responded to our concerns and those of other agents. They issued a helpful practice note.
How to protect yourself from IP scams?
To protect yourself from these scams, always verify the legitimacy of any communication you receive regarding your IP rights. There are few things you can do.
- One, be wary of communication that uses public information to establish legitimacy.
- Two, treat with caution any urgent request from an unknown sender who is asking for money.
- Three, search for phrases in the message to see if similar messages are being discussed online.
- Four, review information from the Canadian Intellectual Property Office and U.S. Patent and Trademark Office about scam notices;
- Five, talk to an IP agent
Conculsion
Normally we advise you to call us. But here the best advice is to think.