Warning: Unsolicited Requests for Patent, Trade Mark or Design Fees
14 September 2011 Category News, SH&P News
A number of our clients have contacted us after receiving unsolicited letters asking for the payment of fees (often in excess of £1000) in relation to their patents, trade marks or designs. Some clients have had several such letters, all of which look official and use accurate application or ownership details.
Many of these letters claim to be offering entry into a database, directory or register of intellectual property ownership. Examples of those purporting to produce such publications include the Worldwide Database of Trademarks and Patents, the World Intellectual Property Database and the Registration of International Patent.
It is important to be aware that these publications have no legal effect whatsoever and there is absolutely no requirement for your business to be listed in them; where they even exist; no matter how official the letters appear. There is no obligation to pay the fees and our advice is that you should certainly not do so.
Widespread Problem
Warnings about this unsolicited mail have been issued by the UK Intellectual Property Office (UKIPO), the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO). Their information indicates that such letters are being received by companies around the world, affecting those who apply for patents, trade marks or designs in the EU, Australia, Japan and elsewhere.
Here is an example of an unsolicited-letter received by one of our clients.
What to do
If you receive a letter setting out details of your patent, trade mark or design and asking for a fee in return for a service, please immediately contact your patent or trade mark attorney. They can check the authenticity of the letter and give you advice that could prevent you paying an unnecessary fee. We are happy to do this for both clients and non-clients in order to help businesses avoid wasting their money.
At SH&P we believe in helping businesses to protect their intellectual property by obtaining useful and enforceable rights. As and when we become aware of any misleading, deceptive or dishonest practices relating to intellectual property, we will always endeavour to bring them to the attention of our clients and, through our website, to the public in general. Please contact us if you would like any further information or advice.
