The definition of trademark infringement is any unlawful use of a registered trademark by an unapproved third party. More simply this means any business or individual utilising a known logo, phrase or name to sell their unrelated or unapproved goods and services. Trade mark infringement can happen with or without the intention to deceive consumers and trade mark infringement can happen when there is no intentional dishonesty.
Some infringers copy trade marks in the hope that they can profit off the reputation of a known brand for their own financial gain.
Occasionally, businesses or individuals can engage in infringing behaviour without realising it. The best way to do this is to perform proper checks for existing trademarks that are either identical or deceptively similar to the one you intend to use.
By being proactive and ensuring your trademark is not already in use or that it is not too similar to one that exists you can avoid being accused of trademark infringement.
Engaging in trademark infringement in Australia could see you fined up to $99,000 and/or spending up to five years in prison.
Infringing behaviour tends to follow similar patterns whether this is a copyright infringement or trademark infringement. The main difference will depend on the rights copied and the particular action filed in the courts. This will impact the way in which these infringements are defended.
Copyright is assigned to artistic or literary endeavours and gives the copyright holder exclusive rights to print, publish, perform or record these works.
Trademarks offer a similar exclusivity regarding the use of a specific logo, name or phrase that is associated with a business and its specific goods and services.
Trademark infringements are typically easier to pursue, as trademarks can be formally registered and owned. There is currently no formal process for registering copyrights, however, they are also protected under Australian legislation.
Examples of trade mark infringement include:
Trademark enforcement is when a trademark owner seeks to enforce their rights to exclusively use their trademark. This is usually as a result of discovering that their trademark is being used without permission - signalling an infringement on their rights.
To enforce these rights the owner of the trade mark may send a cease and desist letter, make a formal opposition to this use if the other party has applied for a similar trade mark and require alternative dispute resolution or in the worst-case scenario, pursue the infringer through the courts.
For more advice on trade mark infringement, contact IP Guardian's trade mark infringement attorneys today.
Registered Patent and Trade Mark Attorney with significant experience obtaining all forms of registered intellectual property. I hold a Bachelor of Science in Engineering, a Masters of Business Administration and a Masters of Intellectual Property. I’m passionate about showing my clients how they can protect their brands through trademark registrations.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.
