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Trade Marks

Trade Mark Infringement

Highly skilled trade mark attorneys, providing personalised, commercially oriented services related to trade mark registrations, securement and defence.

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What Is Trade Mark Infringement?

Trade mark infringement refers to any unauthorised use of an existing trade mark registration by a third party. This may occur in error or be a direct result of the infringer seeking to gain financial advantage by leveraging the valuable reputation of the trade mark.

Criminal trade mark infringement occurs not only when direct copies of a trade mark are used but also when a trade mark that is deceptively similar to the registered trade mark are used.

Trade mark infringement examples also include any instances where the logo, phrase or image in question is deceptively similar or substantially the same.

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Trade Mark Infringement – Where You Stand

Behaviour involving the infringement of a trade mark is not monitored by any formal government body. It is the responsibility of the trade mark owner to monitor for these instances and enforce their rights when necessary.

Trade mark infringement in Australia may be asserted whether you have legally registered your trade mark or not, however certain actions may only apply in certain circumstances that depend on the specific facts of the alleged infringement.

While it is much easier to defend your rights when your trade mark is registered, you are still afforded a level of protection under a common law in either situation.

Whether you have discovered that your rights have been infringed upon, or have been accused of infringing behaviour yourself it is important not to panic. There are several steps you can take to resolve the issue and intensive legal action is not always necessary.

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Can I Navigate Trade Mark Infringement Independently?

While it is possible to manage the discovery of infringing behaviour or accusations of it by yourself, it is generally not recommended.

Understanding your rights and how to communicate these effectively from a legal standpoint can be quite challenging. Just knowing which steps to take initially or how to best bring about a desired resolution can be difficult.

This confusion could lead to a lot of time-consuming effort on your behalf, a continuation of the behaviour in contradiction to your rights and potentially become much more expensive to resolve. You may also make admissions or statements that undermine your position or even make your position worse.

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How A Trade Mark Infringement Attorney Can Help

The best way to approach trade mark infringement cases in Australia or overseas is with the support of a qualified trade mark attorney.

Highly skilled in trade mark law, a trade mark attorney is best positioned to review the situation at hand and advise on the next steps.

Often, a properly drafted cease and desist letter from a registered attorney is enough to stop the behaviour in question without the need for costly litigation.

Should litigation be necessary, ensuring you are well-prepared, properly informed and represented by an expert is essential. Without this, defending your rights and achieving the desired outcome is much less likely.

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IP Guardian - Expert Trade Mark Attorneys

Backed by decades of combined experience and skill, the team at IP Guardian are deeply knowledgeable in all facets of trade mark law.

Delivering unmatched service and advice, we guarantee a robust defence against trade mark infringement or allegations of it. Whether this is over the internet, via social accounts such as Instagram, or witnessed in print or products, we’re here to help.

Your case will be carefully reviewed, all evidence gathered and the most effective action taken as quickly as possible. To support against future infringement, we can also process registrations of trade marks as needed in accordance with our suggested resolution strategy.

Dedicated and professional, our approach is representative of our integrity and commitment to delivering affordable and accessible legal advice to all Australian business owners. Never compromising on quality or outcomes, we’re the team you can trust to guide you through trade mark infringement with ease.

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