Business owners are advised to keep a close watch out for an email scam urging them to take immediate action in order to protect their business name by filing for trade mark registration.

While email scams are nothing new, it is extremely concerning that these senders are fraudulently using the names of legitimate trade marks attorneys and are using what appear to be authentic domain names with genuine websites attached.

This is a constantly evolving situation, but as at the beginning of March 2025, some of the fraudulent ‘business names’ that have been used are:

  • ‘Trademark Registry Filer’
  • ‘TM Registry Filer’
  • ‘Patent Registry Hub’
  • ‘Trademark Registry Hub’
  • ‘tmregisterfilers’
  • tmregistryfilers

These websites appear to have been shut down or the domains repossessed, but the scammers are persistent and they keep changing the domain and sender names.

IP Australia has issued a number of public warnings and you should check for updates by regularly visiting ipaustralia.gov.au and the IP Australia LinkedIn page.

Business owners are encouraged to be vigilant and exercise extreme caution when responding to unsolicited communications that require a response – even if they appear to come from legitimate and known sources.

Because business owners know the value of their intellectual property, it’s understandable that they would want to take quick action to mitigate any threat to their most important asset.  The scammers know this – which is why their emails are carefully worded to create a sense of urgency.

What do these scam emails look like?

The email informs the recipient that a third party is trying to register their business name as a trade mark – and notes that Australia is a ‘first-to file’ jurisdiction so their IP is under threat even though they may have been actively using their business name for some time.  There are various versions of the email, but as mentioned earlier, it is extremely concerning that the names of legitimate trade marks attorneys are being fraudulently used as the sources of the ‘warning’.

There are several key things to note.

Firstly, a legitimate trade marks attorney will never contact a third party to inform them of a prospect or client’s plans.  Secondly, Australia is not a first-to-file country.

While the email is fundamentally incorrect and contains a number of red flags which are evident to a trained legal eye, it is understandable why it could compel someone who is not as familiar with Australian trade mark law and terminology – but who nonetheless understands the importance of protecting their IP assets – to respond.

How to recognise this email scam

These are some of the red flags that you should look for if you receive an unsolicited email regarding your trade mark protection:

  • The ‘businesses’ (eg TM Registry Filers) which are sending these emails don’t appear to have a corresponding business/company name registered in Australia.
  • The websites also often promote ‘copyright’ registration services. Copyright is automatic and is therefore not required to be registered. Some countries may require registration of copyright for litigation purposes, however, Australia does not and in any case ownership is automatic
  • The owner of the domain names has used a privacy shield, which means they cannot be identified easily. Secrecy is generally a red flag.

Scams are so prevalent these days, so any email that is unsolicited and which creates a sense of urgency and uncertainty should be of immediate concern.

The email names a legitimate attorney.  How do you know it is a scam?

The most concerning thing about this scam is that it uses the names of different legitimate trade marks attorneys.

Even if you’ve established that the attorney’s name and credentials are legitimate by checking https://www.ttipattorney.gov.au/ and doing a Google search, it’s imperative that you aren’t lulled into thinking it is safe to respond.  It is NEVER safe to respond to an unsolicited email without doing a meticulous investigation first. LinkedIn has become a useful research tool for this purpose. Most of the attorneys whose names have been used have been informed and will post on LinkedIn to notify consumers and others of this.

Scammers and phishers create a sense of urgency in order to pressurise people to respond prematurely.  They know that by instilling uncertainty and urgency about something that people value (such as their money, their family and in this case, their valuable business IP), people are more likely to make a snap decision without consulting a trusted advisor.

The email in question does just that – plus it appears to be sanctioned by a legitimate trade marks attorney which can mislead the recipient into thinking it must be real.  It conveys a sense of urgency and repeatedly reminds the business owner that any delay in following up the ‘trade mark matter’ could result in significant legal and operational consequences for their business – and this can cause people to react impulsively.

What you should do if you receive a scam email about trade mark registration

  • Never reply to an unsolicited email about your trade mark.
  • If you are unsure of the legitimacy of the contact, go directly to a trustworthy source. Visit their official website, log in to your account or call them.
  • Check ipaustralia.gov.au and the IP Australia LinkedIn page to see if there are any updates on email scams.
  • Never use the links or contact details supplied in the message.
  • Remember that a legitimate entity will never ask you to provide your password or login details.

If you’re unsure about the authenticity of an email about the status of your IP, business name or trade mark, you are encouraged to get in toucy.