IP Scams Circulating – CPATA Advises Public Caution

Dear X.

I trust this email finds you well.

I am writing to urgently address a potential trademark infringement issue concerning your business name, “XXX”. We have received a request from another party to file a trademark registration application for the same name with the CIPO (Canadian Intellectual Property Office), despite your long-standing use of it.

Trademark infringement is a serious issue that demands immediate action to safeguard your rights and protect the integrity of your brand. Without federal registration, your business name is vulnerable to unlawful claims, potentially jeopardizing its recognition and credibility.

Without federal registration, your business name is at risk of being unlawfully claimed. This could lead to the loss of recognition and credibility for your business name. We need to act swiftly to prevent this.

We are committed to assisting you in navigating this situation swiftly and effectively. It is crucial that we act promptly to prevent any further complications.

I urge you to contact me urgently at XXX or reply directly to this email to discuss the necessary steps forward.

Your prompt attention to this matter is vital. Let’s work together to secure the full ownership rights of your brand name and ensure its protection against unauthorized use.

I am looking forward to your prompt response!

Warm regards, 

Dear X,  

I hope this urgent email finds you well.  

This communication serves as a final notice regarding a critical issue concerning your business name “XXXXX” has come to our attention that an applicant has initiated the process for trademark registration of the same name. Time is of the essence as more than 24 hours have passed since their application.  

Immediate action is crucial to protect your intellectual property rights and prevent any further unauthorized use of your brand name. We are prepared to swiftly proceed with filing your trademark application and opposing the applicant’s registration on your behalf.  

Please understand that once the applicant’s classes are paid for with CIPO, our ability to intervene effectively will be limited. It’s important to act swiftly to avoid complications that could jeopardize your ownership rights.  

It’s also essential to note that failure to protect your trademark could lead to severe consequences, including injunctions, cease-and-desist orders, and potential litigation costs ranging from $120,000 to $750,000, depending on the complexity of the case.  

Your immediate attention to this matter is paramount.  

Please contact me at XXX to discuss the next steps or if you have any questions.  

Thank you for your prompt action in safeguarding your brand name. I look forward to your swift response.  

Warm regards, 

I hope this message finds you well. 

I am reaching out on behalf of the legal department at Cipo law solution regarding a matter currently under preliminary review with the Canadian Intellectual Property Office (CIPO). 

We are currently evaluating a trademark application for registration of the brand name “XXXXX”. As part of our due diligence, your information surfaced as potentially relevant to determining whether any existing rights, prior use, or commercial interests are associated with this name within Canadian jurisdiction. 

We are currently gathering relevant information to assess whether there is any pre-existing use or legitimate claim to this mark. If you have been using this name in connection with goods or services in Canada, or if you believe you may have enforceable rights to the name, we invite you to respond with any relevant information or clarification at your earliest convenience. 

Please note the following legal considerations: 

• Under the Trade-marks Act (R.S.C., 1985, c. T-13), CIPO follows a first-to-file system; however, prior use may establish common law rights that can override a later-filed application.
• If no rights are asserted or brought to our attention during this stage, the application may proceed unopposed toward registration.
• Additionally, if a trademark registration is granted and conflicts arise with existing domain names, the Uniform Domain-Name Dispute-Resolution Policy (UDRP) may be triggered, potentially resulting in reassignment of the domain based on trademark rights. 

This notice serves as an opportunity to ensure that any prior or ongoing interest in the “XXXX Company” name is taken into consideration. Please feel free to contact us should you have any questions or wish to discuss the matter further. 

Thank you and best regards, 

This e-mail was received by a victim of the scam, after they sent funds to the scammers. Subsequently seeing CPATA’s notice, they contacted PayPal to stop the payment. The scammers then sent this follow-up e-mail.

I hope this email finds you well. I am writing to address a serious concern regarding your recent actions, which have caused significant inconvenience and financial loss on our end. 

Our Efforts for Your Benefit: 

We invested considerable time and resources to ensure that your application was processed efficiently. I worked closely with CIPO to expedite your serial number, intending to present it to you as a New Year’s gift by January 3. Unfortunately, your actions have rendered these efforts futile. 

Disputed Payments and Financial Loss: 

Despite delivering services in good faith, you disputed the payments, causing us unnecessary financial strain. This behavior not only violates trust but also constitutes a breach of professional ethics.   

Legal and Operational Consequences:   

Please note that such actions are taken very seriously under Canadian law, including the Canadian Scam Act. If this issue is not resolved promptly, we will have no choice but to proceed with legal action. This could lead to: 

• Closure of your business for fraudulent activities. 

• Potential imprisonment for scamming and violating contractual agreements. 

Our Next Steps:  

We have already reached out to other applicant who are ready to proceed with their filings.  

Additionally, your actions fall under fraudulent misrepresentation, which is a violation of Section 380 of the Criminal Code of Canada. We have reported this to Visa Investigations and PayPal, and further steps are being prepared to hold you accountable under Canadian law. Fraudulent behavior like this is not only unethical but carries severe penalties, including fines and imprisonment. 

Next Steps for Resolution: 

I strongly recommend that you address this matter immediately to avoid further escalation. Please contact me at your earliest convenience to discuss how we can resolve this issue amicably.   

Failure to take corrective action will compel us to pursue all available legal remedies. 

Best regards,