Mikołaj Lech

patent attorney

A lawyer, who specializes in industrial property law, combating unfair competition and copyright. Thanks to work in Patent Agency he has a contact with the current problems of entrepreneurs.
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26 Apr

Scam letters are sent after a reorganisation of the trademark registration proecdure.

The situation is making me more and more annoyed. The shady business of exposing people to unnecessary expenses such as „publication fee” has intensified noticeably. It is partly becouse of the entrepreneurs themselves, who do not read letters and then pay god knows who. Becouse of their own inattention they are easilly getting caught by the frauds, who, knowing their own effectiveness, are recently acting on a greater scale sending scam letters.

Scam letters 1

 

How does this shady business work?

I’ve been writing about it many times before. I’m sorry if it have already become tiresome for you, but unfortunately there is no other method than raising entrepreneurs awareness.

The shady business, which appeared in Poland about 5 years ago, has never been more intensive.

 

But coming to the point…

A person applying for a trademark protection is aware of necessity of paying particular official fees, which should be paid after receiving a call for payment from the Patent Office. Such call are always being send by letter.

Scam letters 2Frauds, who know about it very well, are sending similair, official alike letters to entrepreneurs.

Recently the leading role is being played by the National Register of Trade Marks and Utility Models.

Each of such letters calls for paying the fee for publication of the trade mark. The amounts required are very often higher than 250,- EUR.

Technically, it’s just an offer from a private company.

As you may see in the picture on the right, everything is redacted very smartly, due to avoid the risk of fraudulement accusation. There is even a part saying that

registation of a trade mark in their database is irrelevant for providing any law protection

 

Translating into english – it has nothing to do with your application.

Entrepreneurs reading such letters in a rush may confuse it with some official documents from the Patent Office. And if they are not carefull enough to realize that they are mistaken, they will transfer all of the money into an account owned by a private company.

Formally, they are paying for the service of placing an information about their trademark in the unknown internet database.

Currently I’m observing another wave of such scam letters. It is connected with entering into force of new regulations in the field of registration of trademarks. Now Polish Patent Office disclose information about new applications after a few days, while in the earlier procedure, such details were unavailable for frauds for the period of 3 months.

New regulations are conducive to them. Earlier, they were sending their letters to the people who have already paid the application fee and were supprised that they have to pay again.  Now, with a bit of luck (or a bad luck) the first letter entrepreneurs would receive – would be a scam letter. Such mistakes would therefore happen more often.

 

How do I get to know about new wave of the scam letters?

You’ll be suprised. Generally there are 3 repetitive stories:

 

1 – I answer a phonecall from an angry man, who wants me to return his money back.

In such situations I respectfully explain him, that:

a) he didn’t really read the letter becouse of which he transfered his money and

b) he didn’t really read my article in which he found my phone number, becouse I wrote a warning information about such scam letters.

 

2 – I answer a phonecall from a super nice woman, who informs me that she have transfered the money and now she wishes to know, when to expect the VAT invoice.

After a quick ascertainment, that she is not my client, I explain her that:

a) she didn’t really read the letter becouse of which she transfered her money and

b) she didn’t really read my article in which she found my phone number, becouse I wrote a warning information about such scam letters.

 

3- I answer a number of phonecalls/emails from my clients. They inform me, that they may have received scum letters that I warned them about.

It really hurts me, but I do not have a 100% effectiveness in that field.

 

Do you want to actively fight against scam letters?

Help me to reach those information to as many people as possible.

Please, share it with your friends on Facebook or Twitter.

Warn them about such danger.

Mikołaj Lech

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