Fraud in EU Trademark Applications: What Applicants Need to Watch Out For

Trademark Fraud in the EU: How to Recognize and Avoid Scams When Applying for an EUTM

Applying for an EU trademark (EUTM) through the European Union Intellectual Property Office (EUIPO) is a straightforward process on paper. However, in practice, many applicants face unexpected risks not from the Office itself, but from fraudulent actors who try to exploit the system. Trademark-related fraud has become widespread in Europe over the last decade, with small businesses and individual entrepreneurs being especially vulnerable. Understanding how these schemes work is crucial for protecting both your finances and your brand.

This article outlines the most common types of fraud connected with EU trademark applications and provides practical advice on how to stay safe.

Fake Invoices and Payment Requests

The most common scam involves sending fake invoices to applicants. Once a trademark application is filed and published in the EUIPO database, the applicant’s name, address, and application details become publicly available. Scammers use this data to send official-looking letters or emails that mimic EUIPO’s style.

These fraudulent invoices often:

• Claim that additional fees are required for registration or publication.
• Include EU symbols or EUIPO logos to look legitimate.
• Provide foreign bank account numbers (often outside the EU).

In reality, EUIPO never sends paper invoices and never asks for direct payment via email. All official payments are made through EUIPO’s secured online portal or bank accounts explicitly listed on its website. Applicants must be vigilant and check the sender carefully before transferring money.

Fake Trademark Directories

Another frequent scheme is the so-called “registration in private trademark directories.” After filing an EUTM, applicants may receive offers to be listed in international databases or registries for an additional fee (ranging from €800 to €2,500).

These directories are not official, have no legal effect, and provide no additional protection. They simply compile information that is already publicly available in EUIPO’s database. Many applicants, especially first-time filers, mistakenly believe this is a required step to finalize their registration.

The truth is simple: if your trademark is filed through EUIPO and accepted, it is already legally protected throughout the EU. No private “registries” can enhance or substitute this protection.

Misleading Legal Services

Scammers also target applicants by offering unnecessary or overpriced legal services. Some companies present themselves as “EU trademark agents,” sending letters that claim urgent action is required to avoid rejection of the application. They may request hundreds or thousands of euros for “renewal,” “priority filing,” or “international protection” that are either irrelevant or premature.

Examples include:

• Offers to “speed up” examination in exchange for payment.
• Proposals to “extend” your trademark to non-EU countries automatically.
• Notifications that your application will be canceled unless you pay additional fees.

While there are many legitimate IP attorneys and representatives in the EU, applicants must verify credentials. Only representatives listed in EUIPO’s official database or national patent offices are authorized to act on your behalf.

Renewal Scams

A particularly damaging type of fraud involves trademark renewals. Since EUTMs are valid for ten years, scammers exploit the long timeframe. They send letters to trademark owners claiming that renewal is due much earlier, often just one or two years after registration. These letters usually demand immediate payment, with threats that the trademark will expire otherwise.

EUIPO sends official renewal reminders only six months before the real expiry date. Renewal can be done directly online at EUIPO’s portal, without intermediaries. Paying a fraudulent invoice not only wastes money but also creates confusion, as the actual renewal may later be missed.

Phishing and Data Theft

Some scams go beyond fake invoices and attempt to steal personal or company data. Phishing emails may contain links to websites that look identical to EUIPO’s platform. Applicants who enter login credentials risk losing access to their accounts, allowing criminals to hijack their trademark applications or misuse payment details.

To avoid this:

• Always check the website domain (EUIPO’s official site is euipo.europa.eu).
• Use EUIPO’s Customer Area only through trusted links.
• Never share login information with third parties.

Warning Signs to Recognize Fraud

While scams vary, they often share common traits:

1. Urgency – “Immediate action required” or “final notice.”
2. Unfamiliar sender – Banks outside the EU, private companies with vague names.
3. Excessive fees – Payments much higher than official EUIPO rates.
4. Unnecessary services – Directory listings, “priority protection,” early renewals.
5. Unofficial communication – Letters or emails instead of messages in EUIPO’s secure system.

Real-Life Impact

Fraudulent schemes are not harmless. Many businesses, especially startups, report losses of several thousand euros due to fake invoices. Beyond financial harm, such scams can delay the registration process, cause confusion during renewals, and even jeopardize the protection of valuable brands. In some cases, applicants ignored real EUIPO communications, assuming they were scams, and unintentionally missed deadlines.

How to Protect Yourself

1. Know the process: Familiarize yourself with EUIPO’s official steps, fees, and timelines. The more you know, the harder it is for scammers to mislead you.
2. Check the source: Cross-check any invoice or letter against EUIPO’s official website.
3. Use authorized representatives: If you work with an IP attorney, make sure they are registered with EUIPO or a national IP office.
4. Ignore private registries: They add no value to your trademark protection.
5. Be careful with renewals: Mark the real expiry date yourself and wait for EUIPO’s six-month reminder.
6. Report fraud: If you receive a suspicious communication, notify EUIPO. They maintain a public list of known scams.

Conclusion

Trademark protection is an essential investment for any business expanding in the European Union. Unfortunately, fraud around EU trademark applications remains a serious problem, taking advantage of the openness of EUIPO’s system and the inexperience of many applicants.

The good news is that most scams follow predictable patterns. By understanding how EUIPO actually works and staying alert to unofficial demands for money, applicants can avoid unnecessary expenses and ensure their trademarks are properly protected.

Being cautious is not about paranoia – it is about smart brand management. After all, the value of a trademark lies not only in the rights it grants but also in the trust and security behind it.