Trade mark infringement can arise where a competitor is using an identical or similar trade mark to yours or a competitor considers that you are using a trade mark identical or similar to theirs.
For trade mark infringement to have occurred, an infringing party must have used the registered trade mark in relation to goods or services that fall within, or are similar to, the classes of goods or services in which your trade mark is registered. It is of no consequence as to whether or you have established a reputation with respect to your registered trade mark, when it comes to enforcing your trade mark rights.
How we can assist you
We can assist by:
- advising you in relation to whether or not a trade mark infringement has taken place
- preparing cease and desist style correspondence
- representing you should trade mark infringement be asserted against you
- settling and negotiating any trade mark dispute so you are assured of the best possible outcome for you and your business
We have assisted our clients to successfully enforce trade mark rights in Australia and internationally.