In brief - Beware of false billing scams and consider an internal process to manage this risk

You are more than likely to receive scamming notices and bogus invoices in relation to your registered trade marks.

Unscrupulous operators can find you easily because trade mark registration details are available on the web.

Often what you will receive looks like the real deal. So it is easy to be conned and you end up paying 10 or 20 times more what is a fair charge for a process in connection with your trade mark, or paying for something that isn't even needed.

IP Australia, the government agency for trade marks, regularly issues warnings of its own. However, there is not much that can be done to stop those operators.

So – forewarned is forearmed. It's best to have an internal process that makes sure that anything to do with a registered trade mark goes to a designated person in your business who knows to do some checking to avoid getting caught – especially if it comes from someone you haven't dealt with before.

Don't be caught out just because some sharp operator dresses themselves up to make themselves look legitimate, reputable or official.

These are just some examples of the wider problem that many of us see these days in the form of unofficial invoices and the like. IP Australia accepts reports of such materials via email to MDB-UnsolicitedCorrespondence@ipaustralia.gov.au. The ACCC runs its own SCAMwatch on false billing and also accept reports.

David Kennedy Alex Rhydderch Brent Van Staden Natasha Messing
Intellectual property protection and trade marks
Colin Biggers & Paisley

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.