ARTICLE
23 December 2024

December Corporate Alert: Beware – Trademarks Scam "Threatening" Trademarks

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Wilson Vukelich LLP

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For over 25 years, Wilson Vukelich LLP has been in a leader in business and tax law. With approximately 25 lawyers, our full-service firm is known for working strategically with our clients to provide prompt and practical guidance. Our lawyers are recognized for their expertise by the legal profession and beyond. We know that there are many facets to a business and, as a law firm, we are ready to assist in all areas.
In response to multiple complaints and concerns from the public, the College of Patent Agents & Trademark Agents ("CPATA") and the Canadian Intellectual Property Office ("CIPO")...
Canada Intellectual Property

Background

In response to multiple complaints and concerns from the public, the College of Patent Agents & Trademark Agents ("CPATA") and the Canadian Intellectual Property Office ("CIPO") released a caution to trademark holders warning about fraudulent emails phishing for payment information in exchange for protection of the holder's trademarks from alleged threats to it. Fraudsters attempt to deceive trademark holders by falsely claiming that any trademark held by such person is in jeopardy of being lost, unless the trademark holder makes immediate payment to the fraudster.

Warning Signs

These scam phishing emails may include, but are not limited to, the following:

  • An unknown source,
  • Urgent trademark infringement,
  • Personal information like your legal name or business name,
  • Urgent action required to redress situation, and
  • Negative consequences if failure to attend.

Such fraudsters often impersonate intellectual property lawyers and businesses to appear legitimate. Some of the business names used for this type of phishing include "Trademark Guardians," "Trademark Masters," "Trademarks Hub," "Trademark Protectors," "Trademark Matrix" and "Trademarks Infinity." Though fraudsters can use fake names for such phishing operations, there have been incidents of fraudsters impersonating licensed trademark agents.

As well, please see a helpful page from CIPO that outlines their protocols and highlights examples of current scams in circulation.

Stay Vigilant and Verify!

If you received any of these emails, it is recommended that you safeguard yourself by:

  • Staying cautious of emails from unknown sources urging immediate action,
  • Verifying any names used in the email against CPATA's Public Register,
  • Comparing the information received in your email to others' online,
  • Contacting your agent or lawyer if you have any questions or concerns about any emails received, and
  • Avoiding sending personal, business or financial information to strangers!

Trademarks are an incredible mechanism used to legitimize businesses and elevate goodwill. Falling victim to a trademark phishing operation can have serious consequences on your business. It is important to recognize the dangers presented by these emails and take steps to protect an important piece of your business' success.

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.

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