Fraudulent requests for payment in connection with trade mark applications at the German Patent and Trade Mark Office or the European Intellectual Property Office occur time and again.
However, a particularly brazen scam is currently rampant. For some days now, forged invoices have been sent by post to owners of registered trade marks, which unlawfully contain the logo of the DPMA and the address of the DPMA Information and Service Centre in Berlin. They are allegedly written in the name of a high-ranking staff member of the DPMA and request payment of certain sums to foreign accounts.
The forged invoices, which have been received so far, were apparently sent by prepaid letter. They refer to Polish bank accounts. According to what we know so far, the letters are addressed to trade mark owners whose applications were received in 2020 or earlier and who have already received their trade mark certificate and are designed according to the pattern shown here. The German Patent and Trade Mark Office has already filed a criminal complaint.
The DPMA had registered a similar case of fraud in July. At that time, the requests were addressed to persons and enterprises whose trade marks applied for had not yet been registered. At that time, the invoices were allegedly issued in the name of a high-ranking DPMA staff member.
Conclusion:
When receiving requests for payment in connection with trade mark applications and registrations, pay close attention to whether there is an attempt to defraud you. As a rule, the German Patent and Trade Mark Office does not issue invoices in this context. In case of doubt, ask your legal adviser.
Dr Michael Heinrich