21 January, 2025 Juan Fernando Marqués

The Digitalization of Trademark and Patent Procedures: Advancement or Vulnerability?

The strong commitment of public administrations to the digitalization and simplification of procedures before trademark and patent offices, such as the Spanish Patent and Trademark Office (OEPM), has marked a milestone in accessibility and cost-efficiency for users. However, this modernization, although undeniably advantageous, has brought with it a significant downside: users are exposed to sophisticated scams and cybercrimes.

Since the implementation of digital platforms that allow for autonomous management of applications, administrative processes have been significantly streamlined, eliminating economic barriers and reducing waiting times. According to recent data from the OEPM, in 2023, 70% of trademark applications were made through its online platform, representing a 25% increase compared to 2019. This trend is mirrored in other international offices, such as the European Patent Office (EPO), where more than 85% of applications are now processed digitally.

Although these advances have democratized access to industrial property records, especially benefiting entrepreneurs and small businesses, they have also increased exposure to cybersecurity risks. In the past year, more than 1,500 documented fraud attempts related to trademarks and patents were recorded in Europe, according to the International Association for the Protection of Intellectual Property (AIPPI).

Cybercrime Reinvented

In this new environment, fraudsters have taken advantage of the easy access to public data and the lack of technical knowledge among applicants to launch targeted attacks. Using artificial intelligence, these networks are capable of generating fraudulent emails that simulate official communications.

According to the EU cybersecurity report for 2024, 57% of digital scams in the field of industrial property involve fraudulent emails aimed at recent trademark holders. These emails often include falsified titles of ownership or illegitimate payment requests, and they are distributed massively within minutes, with a level of personalization that makes them difficult to detect.

Moreover, artificial intelligence has enabled cybercriminals to automate the collection and analysis of sensitive data from public trademark and patent databases. In 2024, it is estimated that more than 30% of cyberattacks targeting users of the industrial property system used AI tools to design more effective attacks.

The Price of Accessibility?

One of the main concerns lies in the anonymous access to public information and, in many cases, the removal of the intervention of official industrial property agents. These qualified professionals, whose role is to protect the interests of the applicant, have been partially displaced by self-management promoted by the administration.

Statistics show that applicants without professional representation are the most affected. According to a study by AIPPI, 75% of fraud victims in the field of trademarks and patents acted without professional advice.

This figure underscores the importance of distinguishing between qualified official agents and unaccredited representatives, whose experience and abilities may not be sufficient to prevent such attacks.

A Necessary Balance

While the simplification of digital procedures has been a significant achievement, the increase in cybersecurity threats highlights the need to strengthen protection and advisory systems for users.

The intervention of official industrial property agents not only ensures correct administrative management but also acts as a key barrier against such fraud.

Trust in digital platforms must be accompanied by education and awareness about the associated risks. Furthermore, it is imperative that administrations adopt stricter measures to limit indiscriminate access to sensitive data and promote the use of accredited professional services.

In a landscape where scams are becoming increasingly bold and difficult to detect, the balance between accessibility and security will be crucial to protect the interests of holders and maintain trust in the system. Digitalization must continue to be an advancement, but not at the expense of the security of those who rely on it.

At Marqués & Ferrer, we have extensive experience in managing and advising on trademark registrations. Our team of professionals is ready to guide you in the proper selection of classes to maximize your brand’s protection in the market.

For more information, do not hesitate to contact us. Shall we begin?