The institute of patent and trade mark attorneys has advised that:

• Foreign agents are using Australian law firm’s identities to file trade mark applications with IP Australia without authorisation.
• Scammers have been using the identities of the Australian law firms but using the email address of the foreign agent.
• Details of the unauthorised marks have also been lodged with online retailers for the purpose of fraudulently obtaining online codes. Online retailers use these codes to authenticate products and vendors.
• It is unclear how many cases are affected.
• IP Australia is currently investigating the issue.

In the meantime, trade mark owners should be extra vigilant and exercise caution in responding to unexpected notices from online retailers. Dentons is closely monitoring new applications where it is agent on record, while the issue is being investigated.