Are we in the wrong business?
Director, Michele Fellows, questions the integrity and motives behind some businesses ‘loosely’ associated with the IP industry.
Having begun the journey of trademarking ourselves a little over 18 months ago, I have had ample opportunity to ponder this question. Now, the question itself does not arise from some enigmatic “why are we here” region or from a misplaced sense of what I can achieve as a professional. No, it is simply a matter of economics. Given the pile of nine (9! – I counted them – and they’re just the ones I haven’t yet bothered to throw away) invoices I have received from less than reputable firms “offering” to put our newly registered Trademark on their database, I wonder if I’ve made the right choice? How many people have fallen foul of this ploy to extort money from the more gullible, harried and time pressed among us? Have I made the right choice in operating with integrity and only invoicing clients for services rendered rather than just trying to swindle a quick buck from the less cynical?
These providers of databases of Trademarks and Patents are not a new phenomenon. In fact, they are rather well established and known to be bullish in their approaches to extract fees from innocent, ill-informed individuals. So much so, that any reputable Trademark or Patent Attorney is likely to advise their clients of their existence and highly recommend you ignore their pleas for funds as unnecessary, if not quite useless. And yet, they abound. Ready and waiting for any new registration to take place so that they can make their move, pounce, trip you up, and (hopefully – in their eyes), earn a bit of dosh for doing nothing. Nought. Na da. Zilch.
I say “pounce” because I do feel a little bit like a cornered animal with the way the “requests for fees” are both worded and designed. Like they’re not a “proffer of a service” but rather something more sinister – an unpaid, overdue bill and that I, the addressee am definitely, one hundred per cent, in the wrong if I do not make payment of the amount declared. Immediately! Of course, this isn’t the case, and closer inspection does leave the door open to interpretation but it does require a stout heart and extremely good eyesight to see that actually, no Ma’am, this isn’t an overdue bill but merely an offering for a service we were querying whether you might like to partake of? It didn’t seem that innocent? Us? Oh dear me, well that is a shame as it certainly wasn’t how it was intended….
So let’s take a closer look at these bills I have been sent – clearly stating that I owe significant sums of money and all looking suitably intimidating and official. We have 6 offering database services, 2 “catalogue” services (which I think is just the Hungarian preferred phrase for “database”) and one kindly offering to handle my community registration. Thankfully, at least, this last one was the least expensive at only £492.00 including VAT. A complete bargain in the face of its competitors, although I concede – it was for a different service. All the rest have fees in the region of £1,400. Why is that? Do the various database firms feel that the high amount would more closely represent an actual legal cost incurred in the process of registering ones intellectual property and thus are more likely to simply be paid without question? Or is that the amount they need to charge in order to make a profit on what one hopes is an ever decreasing hit rate?
A summary of the offending companies is below:
Some of them are even clever (sneaky!) enough to put a “warning” on their notice such as that found on the W.B.I.P. “WARNING: Request for Payment of Fees. It has come to the attention of W.B.I.P Trademark owner are receiving invitations to pay fees that do not come from W.B.I.P. World Bureau For Intellectual Property and are unrelated to the processing of our trademark services, they bear no connection to W.B.I.P.” Of course, if one can ignore the rather poor use of the English language, this does lend an air of credibility to their invoice that their competitors lack but it is still just a money making scheme.
They’re also wise enough to cover themselves from those who may try to seek recourse at a later stage. For those with superior eyesight, or a handy magnifying glass, companies such as UPTS have added fine print along the lines of “By adoption and acceptance of this proposal, the client hereby expressly declares and confirms that has been properly acquainted with this proposal and GTC, which has properly studied while, further, the client declares that agrews and fully accepts this proposal and GTC without reservation.” Proposal? Proposal? That’s a little generous in the terminology. And what on earth is “agrews”? Well, I Googled that in case my education had been lacking but no, no such word exists. Perhaps, in the context, they mean “agrees”? Ah yes, “agrees” that makes sense doesn’t it? I don’t feel at all like they were deliberately trying to be obtuse anymore.
So yes, as I come to the end of my little rant on the flagrant opportunism exercised by so many companies out there, I ask myself again: Are we in the right business? Honestly, who knows? What I can say with conviction however, is that I’m proud not to be associated with one of these above.
* Eur converted at 0.85 and USD at 1.5.
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