Unofficial Trade Mark "Registers" - A Warning

LONDON (September 3, 2010) - According to anecdotal and documentary evidence, members of the Institute of Trade Mark Attorneys, ITMA, and their clients are receiving an ever increasing number of communications from companies with names such as World Patent and Trademark Index, Intellectual Property Agency Ltd and TM Worldwide, often used in conjunction with a logo evoking the European Union or those of other official bodies.

These communications usually request payment in return for entry of trade mark details onto an unofficial register with no legal effect, and sometimes offer publication in gazettes of trade marks which again have no legal effect.

ITMA strongly advises against payment of any money in response to these communications. This stance is consistent with that of the UK Intellectual Property Office, of OHIM and of WIPO. Links to the relevant pages of their websites, including in the case of OHIM examples of communications, can be found here:

http://www.ipo.gov.uk/types/tm/t-applying/t-after/t-unsolicited.htm
http://oami.europa.eu/ows/rw/pages/CTM/feesPayment/warning.en.do
http://www.wipo.int/edocs/madrdocs/en/2010/madrid_2010_6.pdf

Maggie Ramage. President of ITMA said: “If you are in any doubt about whether a communication you have received is official and therefore whether you should part with any money, ITMA recommends that you contact your usual trade mark attorney who will be able to advise you. If you need a trade mark attorney local to you, you can use the search facility on our website to find registered trade mark attorneys – www.itma.org.uk.”

NOTES FOR EDITORS
1. The Institute of Trade Mark Attorneys (ITMA) was established in 1934 as the professional body representing those persons qualified to act for the owners of trade mark and allied intellectual property rights (in particular, registered designs) both nationally and internationally. It now represents the vast majority of UK registered trade mark agents and all UK Trade Mark & Design Litigators.

2. Currently ITMA has approximately 500 practising members; it also extends associate membership to professionals in related fields of law and overseas membership to foreign trade mark attorneys. Its total membership (all classes) is about 1600 members, primarily located in the United Kingdom and Europe, but also in more than 50 other countries.

3. ITMA is regularly consulted by UK government and by international bodies when questions affecting trade mark and allied intellectual property rights arise. It has regular meetings with the Intellectual Property Office (IPO), the Community Trade Marks Office (OHIM), the World Intellectual Property Organisation (WIPO) and other sister organisations in Europe and beyond. For more information visit www.itma.org.uk.