Fraudulent And Misleading IP Notices: What Rights Holders Should Know

There is no shortage of fraudulent or misleading communications being sent to rights holders of trademarks, patents, and other intellectual property (“IP”). This is a worldwide trend, and various IP offices and professional organizations have issued warnings.¹ These communications are becoming alarmingly sophisticated and may appear to be typical notices sent by a government authority or the recipient’s existing lawyer or agent.

These schemes have taken various forms. In some cases, individuals have impersonated licensed trademark/patent agents or government IP offices, contacting banks and businesses regarding recently completed transactions or existing IP applications/registrations. In other cases, rights holders may receive unsolicited communications offering IP-related services or suggesting that particular action is required to maintain existing IP assets.

We issue this bulletin as a warning for IP rights holders, including applicants, registered owners, assignees and secured parties (including lenders, collateral agents and other secured parties who have registered security interests against IP assets in the applicable IP registries).

1. How These Schemes Work

These schemes exploit the wealth of information that is publicly available through government IP databases. The extent of information that can be obtained from these records is vast and may include the particulars of an IP asset (e.g. application numbers, filing dates, descriptions), contact information of the rights holders, the identities of the lawyers or agents representing them, the timing of certain transactions, and copies of filed legal documents. Using this information, the senders of fraudulent or misleading communications identify targets and tailor both the content and timing of their outreach accordingly.

The sender will generally present the recipient with a time-sensitive issue that appears to require prompt attention. For example, the recipient may be told that another business has expressed an interest in registering the same or a similar trademark, that the recipient’s patent or application is about to expire or has been abandoned, or that prompt action is necessary to preserve the recipient’s rights. The objective is to create a sense of urgency before the recipient has an opportunity to verify the communication. The sender may then request payment for a purported filing, renewal, review, or other professional service.

2. Common Tactics

Impersonating a Legitimate IP Professional

One frequent scheme involves the impersonation of a real IP professional.

In a recent example posted by the Canadian Intellectual Property Office (“CIPO”),² an individual fraudulently used the name of a licensed IP agent in a communication advising a trademark owner that another party was seeking to register the owner’s business name. The communication suggested that the recipient needed to act immediately to secure trademark protection before the other party could obtain rights in the name.

McMillan’s own lawyers have not been immune to impersonation; see Pablo Tseng’s recent article about his firsthand experience being impersonated.³

The use of a real professional’s name makes this type of fraud particularly difficult to identify, as a recipient who searches for the individual’s name may find that the person is, in fact, a legitimate and licensed IP professional.

 False Notices from IP Offices

Another variation involves fraudulent communications purporting to come from government IP offices about an urgent matter and requesting payment of a renewal fee.⁴

For example, the notice may state that a patent application is about to expire and requires payment immediately. The recipient may then be presented with realistic government fee schedules and payment instructions.

These communications can be particularly persuasive because they may refer to genuine government procedures and published fee schedules. The inclusion of accurate information, however, does not establish that the sender is legitimate. Senders frequently incorporate genuine information from government websites and public IP records into otherwise misleading communications to lend credibility to their solicitations.

Unsolicited Third-Party Solicitations

Rights holders should also be aware that they may receive unsolicited communications from third parties offering IP-related services such as trademark monitoring, renewal processing, or portfolio management. These communications often reference details drawn from public IP records and may create the impression that immediate action is required.

Rights holders are advised to exercise caution before engaging with any unfamiliar party, particularly where the communication encourages the recipient to change, or has the unwitting effect of replacing, rights holders’ existing agent or lawyer. Unsolicited communications should not, under normal circumstances, result in the replacement of a rights holder’s current IP professional.

Key Timings: Post-Transaction, Post-Filing and Renewal Deadlines

Rights holders should be particularly vigilant around key milestones in the lifecycle of their IP assets. Because government IP databases record the details and timing of filings, transactions and renewal deadlines, senders can time their outreach to coincide with moments when the recipient would reasonably expect to receive a legitimate communication about their IP assets.

For example, a rights holder who has recently acquired a trademark or patent, filed a security interest against an IP asset, or recorded an assignment may receive a communication shortly after the transaction appears in the public record. Similarly, communications may be timed to arrive in advance of known renewal or maintenance deadlines, when the recipient might expect to hear from their agent, lawyer or the relevant IP office. Often, the timing of the communication will occur in advance of the maintenance/renewal reporting and notice cadences of legitimate IP professionals in an effort to unseat the agent of record.

3. Identifying Suspicious Communications and Protecting Your IP

The most significant warning sign is often unexplained urgency. Communications that suggest a recipient will immediately lose valuable rights, face infringement proceedings, or forfeit an opportunity unless payment is made or instructions are provided should be approached with caution. Rights holders should also be wary of unsolicited offers of IP-related services, particularly where the sender encourages the recipient to engage new representation or to act without first consulting their existing counsel.

Lenders and other secured parties who have registered security interests against IP should be especially vigilant if they receive notices typically directed only to the registered owner (e.g. renewal reminders or maintenance fee invoices). This is a telltale sign of a fraudulent or misleading communication.

If you receive an unexpected or unsolicited communication concerning your trademark, patent or other IP rights, we recommend that you do not respond, click on links, provide information, or make payment until the communication has been independently verified.

If the communication purports to come from an IP agent or lawyer, contact that professional using independently obtained contact information rather than the telephone number or email address contained in the communication. A patent or trademark agent’s credentials and contact information can also be verified through the College of Patent Agents and Trademark Agents (“CPATA”) public register. Similarly, a lawyer’s contact information and credentials may be obtained through lawyer directories offered by the applicable provincial law society.⁵

If a message purports to come from CIPO or the IP office of another jurisdiction such as the United States Patent and Trademark Office (“USPTO”) or the European Union Intellectual Property Office (“EUIPO”), the information should be independently confirmed through official channels. For example, CIPO advises that official emails should end in @ised-isde.gc.ca and encourages IP owners to verify suspicious communications rather than responding to them directly.

Most importantly, clients who have retained counsel to manage their IP portfolio should contact their existing counsel directly, through verified contact methods, if they receive an unexpected notice concerning their rights. This applies whether the communication appears to come from a government office, a professional you do not recognize, or a third party offering alternative IP services. Your counsel can determine whether any action is required and, where necessary, communicate with CIPO or the relevant IP professional on your behalf.

Further Resources

A number of IP offices and professional organizations have published alerts and resources in relation to IP scams, which can be found below:

• CIPO: Scam alert: Beware of phishing emails targeting trademark owners
• CIPO: IP Scam Awareness Zone
• CPATA: IP Scams Circulating – CPATA Advises Public Caution
• USPTO: Scam Prevention
• USPTO: Protect against trademark scams
• EUIPO: Misleading invoices

4. If You Receive a Suspicious Message

If you receive a message that you believe may be fraudulent or misleading, do not make any payment or respond to the communication until its authenticity has been confirmed.

Clients of our firm are encouraged to forward suspicious communications to the corresponding team at McMillan. We can assist in determining whether the communication is legitimate and whether any action is required in respect of your trademark or other IP rights.

Senders of these communications rely on the appearance of authority and the pressure of an artificial deadline. When in doubt, reach out to your existing counsel via a verified contact method before taking any action.

Footnotes

1. For international resources on the subject, please see:

Canadian Intellectual Property Office (CIPO), Scam Alert: Beware of Phishing Emails Targeting Trademark Owners, available here.

CIPO, IP Scam Awareness Zone, available here;

United States Patent and Trademark Office (USPTO), Scam Prevention, available here;

USPTO, Protect against trademark scams, available here;

College of Patent Agents and Trademark Agents (CPATA), IP Scams Circulating – College of Patent Agents and Trademark Agents Advises Public Caution, available here; and

European Union Intellectual Property Office (EUIPO), Misleading Invoice, available here.

2. CIPO, IP Scam Awareness Zone, online.

3. Pablo Tseng, “SCAMS, SCAMS, SCAMS: none are good, all are bad,” McMillan LLP, (15 May 2026), available here.

4. See an example of this type of scam from CIPO, here.

5. To verify that a lawyer or legal professional is duly licensed and in good standing, please consult the following provincial law society directories: the Law Society of Ontario, here; the Law Society of British Columbia, here; the Law Society of Alberta, here ; and the Barreau du Québec, here.