Possible trade mark scam alert!

NRH Legal Services Limited

Philip John Muir and John David Paton

A number of our clients have recently received an unsolicited email from Philip John Muir or John David Paton of NRH Legal Limited trying to secure instructions to register their business name in New Zealand. The full text of the email is set out below.

The email explains that Mr Muir or Mr Paton has been approached by a third party to register their name, and gives a short deadline to confirm their position and secure their rights before Mr Muir or Mr Paton proceeds with the other applicant’s filing.

For the following reasons we advise anyone receiving this email to view it with extreme caution:

1. The identical letter has been sent to a large number of businesses.
2. Since Mr Muir or Mr Paton appear to be lawyers* each has an ethical obligation not to disclose the fact that another party has contacted them to register the business name.
3. The letter contains a number of legal and factual errors. In some cases it says the company has no application or registration when it does. It advises New Zealand operates on a first to file basis when it does not.
4. NRH Legal Services is a New Zealand Company but neither Mr Muir nor Mr Paton is a director or shareholder of that company.
5. The website nrhlegalservices.com
   1. was created one month ago and the URL is hidden behind a proxy
   2. does not identify the people behind it and contains no phone number. The live chat and telephone functions do not work.
   3. states that NRH Legal Limited has “successfully assisted over 980 business owners in securing their trademarks” and has filed over 15,000 trade marks for business nationwide yet there are no trade marks on the New Zealand Register with NRH Legal Limited as an agent
   4. includes a statement that NRH Legal provides “reliable trademark solutions across every US state” when it is directed to filings in New Zealand
   5. is identical to the website https://trademarkvigilance.com which appears to be an unconnected legitimate US business.

Please contact us if you have received an email from Philip John Muir or John David Paton or NRH Legal Limited and would like some impartial guidance on how to respond.

* The New Zealand Law Society registry of lawyers records that a Philip John Muir, in the Central Auckland Suburbs, does currently hold a practising certificate but does not list a firm against Mr Muir’s name. Similarly, the New Zealand Law Society registry of lawyers records that a John David Paton, on the Hibiscus Coast, currently holds a practising certificate but does not list a firm against Mr Paton’s name. We cannot comment on the validity or accuracy of the Law Society’s records.

The original email may look like this:

Hi [Director’s Name],

I am contacting you in relation to your business name [Business Name], Our office has received an inquiry from another applicant who is seeking to register this name as a trademark with the Intellectual Property Office of New Zealand (IPONZ).

When our research team conducted a manual search of the IPONZ register, we were unable to locate any trademark application or registration currently filed under your ownership. For that reason, we wanted to reach out to you first to confirm your position.

To clarify:

1. Are you actively using this business name in commerce in New Zealand?
2. Do you wish to secure ownership rights under your name before the other applicant proceeds?

Please note:

• Under the Trade Marks Act 2002 (NZ), IPONZ operates on a strict first-to-file basis.
• Prior use may provide some common law rights, but these are limited and more difficult to enforce compared to a registered trademark.
• If the other applicant files and succeeds, they may obtain exclusive nationwide rights for 10 years (renewable), which could restrict your use of the name, force rebranding, or lead to disputes.

We encourage you to respond within 48 business hours so we can advise you on the appropriate next steps to protect your rights. If we do not hear from you, we may need to inform the inquiring applicant accordingly.

Best regards,

The original email may be followed by a reminder along the following lines:

Hi [Director’s Name],

This serves as a final and urgent notice regarding your business name [Business Name].

As previously advised, a third party has formally approached our office to register this name as a trademark with the Intellectual Property Office of New Zealand (IPONZ). Our search confirms that no trademark application or registration exists under your ownership.

Under the Trade Marks Act 2002 (NZ), IPONZ operates strictly on a first-to-file basis. If you fail to act immediately, the third party will obtain exclusive nationwide rights for 10 years (renewable). This would legally entitle them to:

• Restrict or prohibit your continued use of [Business Name].
• Force you into a costly rebrand, including new website, marketing materials, and business documentation;
• Initiate infringement proceedings should you continue use without consent.

Please note that if you attempt to resolve the matter after the other party secures the registration, you may be required to engage in opposition or cancellation proceedings, which typically cost NZD $25,000–$40,000+ in legal fees and can take 12–18 months with no guarantee of success.

You are hereby granted a final 24-hour opportunity to confirm your position and secure your rights. If we do not hear from you within this timeframe, we will proceed with the other applicant’s filing. At that stage, your ability to claim ownership will be severely compromised.

This notice is issued as a final warning. Immediate action is required to protect your brand and avoid significant legal and financial consequences.

Best regards,