Members of the public are being targeted in phishing attempts by fraudulent individuals and companies requesting payments to prevent ‘threats’ to their trademarks.
CPATA licensees are encouraged to share this article with their trademark clients.
CPATA continues to receive and act on a number of expressions of concern about emails recently received by clients of licensees. This scam, unfolding in North America currently, has many variants.
Trademark holders should watch out for an e-mail which:
- comes from an unknown source;
- references an urgent trademark infringement;
- includes your personal information such as your name or business name;
- urges you to e-mail or call the sender promptly; and/or
- outlines extremely negative consequences if you don’t act fast.
Sender Information
The sender identifies themselves as an ‘intellectual property attorney’. Their name and the business name they provide varies. Some of the business names that have been used are:
- Trademark Protectors
- Trademark Guardians
- Trademark Matrix
- Trademark Masters
- Trademarks Hub
Some emails have fraudulently used the name of a registered agent. Other times, a name that does not appear on CPATA’s Public Register as a licensed agent is used, such as:
- Kevin Parker
- John Parker
- David Smith
- Daniel S. Robinson
- Bill Jack
- Jack Williams
- Shawn Robert
- Rob Clinton
Example Scam E-mail 1
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,
Example Scam E-mail 2
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,
How Can You Protect Yourself?
If you receive an e-mail from about your intellectual property, as mentioned in this BBB article, you should:
- be wary of ‘urgent’ e-mails you don’t expect from a source you don’t know, especially those requesting financial information;
- review this information from the Canadian Intellectual Property Office about scam notices;
- consider whether the email address of the sender seems legitimate;
- verify if the name used appears as a registered agent in CPATA’s Public Register;
- look up online the information provided in the email and see if others have experienced problems;
- reach out to your agent with questions or concerns about communications you receive instead of responding directly to them; and
- never give personal, business or financial information to a stranger.
Contact CPATA
CPATA’s mandate is to protect the public, and we take concerns about unauthorized practice and fraudulent activity seriously. Anyone who believes that someone is misrepresenting themselves as an agent or is acting in fraudulent ways may notify CPATA by filling in the form below.
