Warning - Unsolicited Fee Requests - July 2010

Once you have filed a patent, design or trade mark application, you may start to receive unsolicited mail from companies offering you various services in connection with your intellectual property rights.  The mail received generally falls into one of three main categories:

1.  Invitations to apply for entry onto unofficial publications and “registers” in return for the payment of a fee.  These offers are usually made in the form of an invoice which are generally sent out after the publication of your patent, design or trade mark application.  The “invoices” should not be paid as there is no benefit to be gained from entering onto these registers.
2. Applicants for UK trade marks may receive letters offering to file a Community Trade Mark (EU) Application based on the details contained within their UK application.  Whilst the offer may appear to be reasonable on the face of it, the cost quoted does not usually include the official fees payable to the Community Trade Marks Office (OHIM) which would need to paid later.  Furthermore, the company making the offer will generally be unable to advise you either before filing the application or afterwards if any problems are encountered because they are not qualified to do so.  Furthermore, the cost quoted is usually higher than we, as qualified European Trade Mark Attorneys would charge you.
3. Once your patent, trade mark or design becomes due for renewal, you may receive various letters offering to pay the renewal fee for you.  In our experience, the charges quoted are usually excessive.  If you receive one of these letters before you have heard from us regarding the need for renewal, please do not worry as we will contact you in due course.

The Community Trade Mark Office (OHIM) and the World Intellectual Property Office both have examples of these invoices or letters on their websites.

As a general rule, you should receive all correspondence regarding your patent, trade mark or design rights from us.  However, on occasion, the official offices have inadvertently sent important correspondence to the patent, trade mark or design owner, rather than to us as your representative.  Therefore, if you are unsure about any piece of correspondence you receive, please do not hesitate to forward us a copy.  We will then contact you to let you know whether or not it can be ignored.

If you are uncertain about any unexpected demand for payment in connection with your intellectual property rights, please do ask us.