Scam warning: protect yourself from fraudulent trade mark filing schemes

We have observed a significant increase in the volume and sophistication of trade mark-related scams in recent weeks. Fraudsters are increasingly impersonating solicitors and law firms in an attempt to mislead individuals and businesses to take urgent action to protect their trade marks and brand names. These scams can be highly convincing and are designed to pressure recipients into transferring funds at speed.

This notice highlights the key warning signs and practical steps you can take to protect your organisation from these scams.

Examples of trade mark scams

1. Fake or misleading invoices – trade mark owners are often targeted by criminals submitting fake invoices relating to trade mark applications, renewals, or registrations, often purporting to originate from legal representatives or an official trade mark registry.
2. Third party application scams – communications purporting to come from a law firm informing you that a third party is about to apply to register a trade mark that is the identical or similar to your existing trade mark or business name, and offering to take 'urgent' action to file a defensive application to protect against this potential encroachment of intellectual property rights. Interestingly, we are starting to see examples of this happening to clients who do not have existing trade marks. It appears fraudsters are trawling business names and comparing it to the trade mark register to spot possible gaps to be exploited.
3. Enforcement scams – communications alleging infringement of intellectual property rights, typically accompanied by threats of legal action unless an immediate 'settlement' payment is made.
4. Domain name scams – warnings that a third party is seeking to register a domain name similar to your trade mark, coupled with offers to secure the name at an inflated cost.

Warning signs to look out for

• Unexpected or urgent correspondence relating to your trade mark, company or trading name.
• Communications demanding a response within an extremely narrow timeframe, failing which important IP rights will be 'given away' to a third party.
• Communications containing unusual wording, spelling errors or inconsistent contact details.
• Requests or demands that are inconsistent with standard legal practice.

How to protect yourself

• Always verify the authenticity of correspondence by contacting your solicitor directly using the details published on their official website.
• Do not rely on telephone numbers, email addresses, or links provided in a suspicious message.
• Treat all unsolicited communications with caution, whether received by email, text or telephone.
• Check the Solicitors Regulation Authority (SRA) register (https://www.sra.org.uk/consumers/register/) to confirm that both the firm and the individual purporting to represent that firm is authorised and regulated.
• If we manage your trade mark, all related correspondence and any request for fees will come directly from us. Please contact us immediately to confirm the authenticity of any communication.
• If you manage your own trade mark, the Intellectual Property Office will contact you directly. Verify their correspondence by contacting them directly on 0300 300 2000.

Contact us

If you are in any doubt about the authenticity of communication relating to a trade mark or brand name, please speak to your usual Farrer & Co contact or contact us using the details below.

Many thanks to Madeleine Ross, current trainee in the team, for her help preparing this article.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, September 2025