Trade Mark Infringement

Trade Mark Infringement In Australia

When you register a trade mark, there is the expectation that, as the owner, you have exclusive rights to its use. A registered trade mark is a sign used in business to indicate that goods or services come from a particular trader or service provider.

A trade mark may involve any of the following:

  • Phrase
  • Colour
  • Word
  • Symbol
  • Letter
  • Picture
  • Name
  • Aspect of Packaging
  • Signature
  • Scent
  • Numeric device
  • Sound
  • Logo

Unfortunately, you might encounter businesses that offer the same or similar products and/or services as you, who might attempt to exploit your well-known brand or reputation for their own gain. They might attempt to use your trade mark, or elements of it, in order to mislead consumers into believing they’re affiliated with you or are in fact the same business. This is what is known as trade mark infringement. If this has happened to you, you have the right to seek compensation for through legal action with experienced specialist experts like PCL Lawyers.

Understand your options as a trade mark owner

A trade marks lawyer will help to enforce those rights. Counterfeiting is a significant and global problem for trade mark owners, but there are means to minimise these problems. For example, registered trade mark owners have additional powers to notify Customs to watch and seize imported goods that may infringe a trade mark registration. In some circumstances, trade mark infringement can be on a much smaller scale, and may involve local markets or temporary trading locations. In those instances, initial covert investigation may be appropriate for evidence-gathering purposes. In other contexts, the trade mark infringement may be sustained and in plain public view, which may need litigation to resolve the conflict between any trade mark rights.

If you suspect that you are the victim of trade mark infringement in Australia, or a company has used your reputation to derive a profit, please contact us for a confidential discussion. You may be entitled to significant compensation.

If you are accused of infringement

If you are suspected of trade mark infringement, then you may be able to claim a defence and resolve the dispute without litigation. You may wish to become a licensor from the trade mark’s owner, enabling you to continue to trade under different circumstances. In any event, trade mark litigation does not generally result in the Court making a significant award of damages, but the Court may order that you be personally liable for a costs order. The Courts usually make an order to stop the infringing conduct and/or otherwise determine who has the proper trade mark ownership. If you receive a ‘cease and desist letter’, then it is best that you engage an expert trade marks lawyer to provide you with urgent advice.

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Call us today on 1300 907 335 for more information on trade mark infringement in Australia, or alternatively email us by filling out the form on this page and we will be back to you promptly.

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