New IP Scam Alert: Fraudsters Now Impersonating Registered Attorneys

In a concerning development, the authority that regulates the Australian and New Zealand IP professions, the Trans-Tasman IP Attorneys Board (TTIPAB), has warned attorneys about an ongoing scam involving the impersonation of registered IP attorneys to defraud IP rights owners.  Specifically, the TTIPAB has warned that ‘IP Australia became aware of a scam that is currently circulating, where applicants are pressured into filing a trade mark via emails fraudulently purporting to be from a well-known registered attorney.’  Of course, this type of scam could easily target any type of IP right. The threat is particularly worrying because it undermines one of the traditional safeguards against IP-related scams – checking whether correspondence comes from a registered attorney.

While I have not seen the emails in question, it appears that what makes this new scam especially disturbing is that the fraudsters are not simply creating fictitious firms, attorneys, or official-sounding registration authorities, but are actually impersonating a real registered attorney.  Since the Register of Patent and Trade Marks Attorneys is publicly accessible, scammers can easily obtain legitimate attorney details to make their communications appear more credible.

How These Scams Compare to Traditional Phishing

Most of us are familiar with phishing scams targeting banking customers.  The IP attorney impersonation scam follows similar patterns, but with a concerning twist. While bank phishing typically relies on generic institutional branding and vague threats about account security, this new IP scam specifically targets an individual well-known professional, and plays upon the trust that clients have in their professional advisers.

However, the same red flags that help identify banking scams also apply here.  Watch for:

1. unexpected urgency or pressure to act quickly;
2. threats about dire consequences if immediate action isn't taken;
3. links to payment portals or requests for direct payment;
4. email addresses that look similar to, but don't exactly match, legitimate domains; and
5. poor grammar or unusual formatting (though sophisticated scammers are getting better at avoiding these tells).

Spotting Suspicious IP Communications

Beyond these general warning signs, there are specific things to watch for in IP-related correspondence:

1. check the actual email domain, not just the display name – a scammer might use ‘john.smith@ip-firm-aus.com’ instead of the legitimate ‘john.smith@ipfirm.com.au’;
2. be wary of correspondence about IP rights you don't recognise or from attorneys you haven't engaged;
3. question any request to change standard payment procedures;
4. be suspicious if you're pushed to act without consulting your usual IP contacts; and
5. look carefully at email signatures and letterheads – scammers often get small details wrong.

Most legitimate IP attorneys understand that their communications need to be clear about:

1. which specific IP right is involved;
2. your reference numbers and their reference numbers;
3. the actual deadline for any action (usually months, not days away); and
4. clear contact information matching their official website.

Understanding the Risks and Consequences

The immediate risk of these scams is financial – paying money to fraudsters instead of legitimate service providers.  However, the longer-term consequences could be more serious.  If you begin ignoring legitimate communications because you think you have already taken the necessary action, or because you suspect they may be fraudulent, you might miss crucial deadlines.  This could lead to loss of IP rights that can be difficult or impossible to restore.

What To Do About Suspicious Communications

If you receive unexpected or suspicious correspondence claiming to be from an IP attorney:

1. don't click on any links or download attachments;
2. independently look up the firm's contact details (don't use those provided in the email); and/or
3. call the firm directly using their official phone number.

If you have not previously had any relationship with the attorney purportedly sending the email then: (a) it is probably a scam; and (b) you can find the attorney’s genuine contact details via the Register of Patent and Trade Marks Attorneys.

IP Australia is advising attorneys who believe that they have been impersonated to contact their fraud team on fraud.control@ipaustralia.gov.au.  If you've already fallen victim to an impersonation scam, please let the impersonated attorney know so that they can take appropriate action to protect their clients and themselves.  You should also follow the usual steps for any financial fraud – contact your bank and relevant authorities.

Conclusion - Vigilance Across All IP Rights

While this latest alert was triggered by trade mark-related scams, the threat extends to all types of IP rights.  The same techniques could easily be used to target any IP right owner, and many attorneys in Australia and New Zealand are dual-registered, and/or handle both patents and trade marks.

I encourage foreign attorneys and IP professionals who have encountered similar scams in their jurisdictions to share their experiences.  Building a global understanding of these threats helps everyone in the IP community stay better protected.

For businesses, ensuring that all staff – not just IP managers – are aware of these risks is crucial.  Administrative staff often handle general correspondence and need to know how to identify suspicious communications, regardless of which IP rights are involved.

Tags: Australia, Fraud, New Zealand, Patent attorney profession, Scams