Beware of false payment requests following legal formalities or intellectual property filing

Several customers told us that they had received letters asking them to pay amounts of money following the completion of legal formalities such as registering their company or trademark registration.

These letters come from companies that present themselves as official organizations, both in terms of form and language.

In reality, it is an attempt at fraud. An official body would never ask for the payment of additional amounts that were not identified before the formalities began.

How do you identify them? What should I do if I receive such a letter?

Upon receipt of this type of document, it is first necessary to find out whether these companies are affiliated with the organizations. A search on a search engine with the name of the company and the type of formality you have completed is generally sufficient.

You can find examples of the companies concerned on the website of the European Patent Office: https://www.epo.org/law-practice/legal-texts/official-journal/2014/04/a42_fr.html

These societies cultivate confusion with official bodies. Indeed, their name is often similar to organizations, either through the use of the same initials, or through logos or names that are very similar.

In addition, they are frequently installed outside France.

They also rely on the fear of the recipients of letters.

Business founders or applicants are in fact generally threatened with having their formality cancelled, without any reimbursement being able to be requested.

These companies may also offer formality-related services, such as the monitoring of similar brands, while giving the impression that these services are mandatory for the processing of the formality.

Do not pay the amounts requested

Only the amounts requested by the official body for the formality are to be paid.

In the case of the creation of a company or a formality related to the company, the price is generally indicated on the site of the Registry of the Commercial Court concerned.

In the case of an intellectual property formality, only the filing body can ask you to pay a sum, before completing the formality (for example the INPI, the EUIPO, the OMC or the EPO).

Therefore, it is important not to pay anything to the company that sends you the document.

Indicate it to the official bodies concerned

In case of doubt about the authenticity of the document, the best way is to contact the organization where you completed your formality. He will be able to confirm whether it is an attempt at fraud or a genuine request. In particular, registry offices are particularly interested in this information in order to initiate proceedings.

It is also possible to file a complaint for fraud, but it is preferable to simply throw these documents in the trash. Indeed, it is not justified to invest the time and money necessary for legal proceedings for these companies whose managers are difficult to identify, and which tend to disappear and reappear under another name.