Intellectual Property Office takes IP scammers to Court and winsThe UK-IPO has announced that it has been successful in legal proceedings brought against two individuals and the companies they ran,
Intellectual Property Office takes IP scammers to Court and wins
The UK-IPO has announced that it has been successful in legal proceedings brought against two individuals and the companies they ran, which both purported to be the governmental body responsible for overseeing registered IP rights in the UK.
Claims alleging passing off were filed at the Intellectual Property Enterprise Court (IPEC) against companies trading as "Patent and Trade Mark Office" and "Patent and Trade Mark Organisation" respectively. The companies and the individuals behind them, Mr Aleksandra Radcuks and Mr Igors Villers, have admitted and settled the UK-IPO's claims: making a substantial contribution to the UK-IPO's legal costs and agreeing to be bound by an IPEC Order prohibiting them from passing themselves off as the UK-IPO in the future.
This announcement comes as a timely reminder to IP owners about the need to remain vigilant when dealing with service offers or invoices that arrive from an unrecognised source.
Unsolicited approaches usually take one of two forms, depending on whether the IP right, usually but not always a trade mark, is due to be published or renewed. Unfortunately there are businesses that watch the official UK and Community trade mark Registers for filing, publication and expiry of trade marks and send out direct mailings making requests for money.
The first situation is akin to a "phishing" scam with official looking invoices sent to an Applicant requesting that they pay a significant fee to secure the registration of their mark. Some IP owners have been known to take the bait - initially being unaware that the register in question is a private (and useless) register and not the official UK and CTM trade mark register.
The second situation, concerning IP renewals, can be compared to the practice of those imposter sites that charge far more than customers should pay for a passport renewal; often quoting double what our firm charges for renewing a trade mark registration. These organisations trade under official sounding names such as Patent & Trademark Agency Ltd (a company that has previously also incurred the wrath of the ASA) and some IP owners have taken the bait and paid excessive amounts in the mistaken belief that they are paying the UK-IPO directly.
The UK-IPO, which has in the past been criticised for not being more pro-active in the fight against scammers, brought the action against "blatant offenders" Radcuks and Villers because it had grown tired of the damage being caused to the office's good name and these individuals could face jail time if they do not stick to their obligations.
Separate proceedings are pending against another unscrupulous organisation and we will keep a keen eye on the outcome of this case. In the meantime, clients are reminded that all official fees due to the UK-IPO and CTM Office are paid by us so any unsolicited invoices or requests for payment are a scam. As a rule of thumb, if you get something that looks dodgy it almost certainly is - so do not send any money and get in contact with us.
The UK-IPO has announced that it has been successful in legal proceedings brought against two individuals and the companies they ran, which both purported to be the governmental body responsible for overseeing registered IP rights in the UK.
Claims alleging passing off were filed at the Intellectual Property Enterprise Court (IPEC) against companies trading as "Patent and Trade Mark Office" and "Patent and Trade Mark Organisation" respectively. The companies and the individuals behind them, Mr Aleksandra Radcuks and Mr Igors Villers, have admitted and settled the UK-IPO's claims: making a substantial contribution to the UK-IPO's legal costs and agreeing to be bound by an IPEC Order prohibiting them from passing themselves off as the UK-IPO in the future.
This announcement comes as a timely reminder to IP owners about the need to remain vigilant when dealing with service offers or invoices that arrive from an unrecognised source.
Unsolicited approaches usually take one of two forms, depending on whether the IP right, usually but not always a trade mark, is due to be published or renewed. Unfortunately there are businesses that watch the official UK and Community trade mark Registers for filing, publication and expiry of trade marks and send out direct mailings making requests for money.
The first situation is akin to a "phishing" scam with official looking invoices sent to an Applicant requesting that they pay a significant fee to secure the registration of their mark. Some IP owners have been known to take the bait - initially being unaware that the register in question is a private (and useless) register and not the official UK and CTM trade mark register.
The second situation, concerning IP renewals, can be compared to the practice of those imposter sites that charge far more than customers should pay for a passport renewal; often quoting double what our firm charges for renewing a trade mark registration. These organisations trade under official sounding names such as Patent & Trademark Agency Ltd (a company that has previously also incurred the wrath of the ASA) and some IP owners have taken the bait and paid excessive amounts in the mistaken belief that they are paying the UK-IPO directly.
The UK-IPO, which has in the past been criticised for not being more pro-active in the fight against scammers, brought the action against "blatant offenders" Radcuks and Villers because it had grown tired of the damage being caused to the office's good name and these individuals could face jail time if they do not stick to their obligations.
Separate proceedings are pending against another unscrupulous organisation and we will keep a keen eye on the outcome of this case. In the meantime, clients are reminded that all official fees due to the UK-IPO and CTM Office are paid by us so any unsolicited invoices or requests for payment are a scam. As a rule of thumb, if you get something that looks dodgy it almost certainly is - so do not send any money and get in contact with us.