Warning: unsolicited mail offering unofficial services

We are aware that companies and individuals are sending unsolicited mail to applicants for, and owners of, intellectual property rights. These unsolicited mails invite the recipient to sign and return a document (sometimes official looking) and pay a fee in return for a particular service. Examples of the types of services being offered are described below. You should be aware that these companies are not linked to any Government or Community Institution and there is no obligation to pay the fee.

If you receive such a letter or invoice, check carefully to see exactly what services you are being offered and whether it comes from an official source. If you are in any doubt, please check with your registered Trade Mark or Patent Attorney, or with your legal representative, or contact us.

Unsolicited renewal reminders

Unsolicited renewal reminders are being issued to the holders of UK Patents and Trade Marks inviting the rights holder to sign and return a document and pay a fee in order to renew. There is no obligation to pay them. The only office that issues an official reminder for renewal of a UK IP right is the Intellectual Property Office.

Entries in unofficial publications or registers

Owners of UK patents, designs and trade marks are being invited to apply for entry in various publications and "registers" in return for a fee. These parties tend to make their offers in the form of invoices, which are usually issued after publication of the official application. There is no obligation to pay them. The only offices that are able to provide legal protection for patents, designs and trade marks in the UK are the Intellectual Property Office, the European Patent Office and the Community Trade Mark Office (more formally known as the Office for Harmonisation in the Internal Market - OHIM).

Unsolicited Community Trade Mark filing assistance

We are also aware that other businesses are writing to applicants of UK trade marks offering (for a fee) to file a Community Trade Mark application based on the data present in the UK trade mark application. If you decide to consider such an offer you should check:

a) Whether the person is offering to represent you before OHIM in the event of any problems with, or objections to, your application (as not everyone can).

and;

b) Whether the fee quoted includes the official fees for making a Community Trade Mark application and, if not, how these further fees will be paid.

Other sources of information you may find useful

If you need to find a qualified legal representative, try the following:

• The Institute of Trade Mark Attorneys (ITMA)
• The Chartered Institute of Patent Attorneys (CIPA)
• The Law Society

Consumer Direct is the government-funded service for information on consumer issues, including the reporting of unsolicited contacts from third parties. Consumer Direct has regionally based advisors who are specially trained to give practical advice on consumer issues.

The Advertising Standards Authority (ASA) . This independent body polices the rules laid down in the advertising codes. The ASA regulates the content of advertisements, sales promotions and direct marketing in the UK. The ASA will also adjudicate on complaints against companies sending direct mail either by post, fax, text message or e-mail.

The Community Trade Mark Office , European Patent Office and World Intellectual Property Organisation also have information about the unsolicited mail issues mentioned above on their websites.