Trademark Infringement

A trademark is a way of identifying a unique product or service. It can protect a letter, number unique symbol, word(s), logo, sound, shape, image or scent. A registered trademark provides you with exclusive rights to use, license and sell the mark. This means no one else in Australia can commercially use your trademark for the same goods and/or services you have it registered for.

The name of your company, business or your domain name are not types of intellectual property (IP). However, you can have exclusive rights to your business name by protecting it with a trademark.

Nowadays, many business owners understand the need and benefits of trademark registration, but business owners must also be aware that registration is not the last step to protecting your brand. It is up to business owners to be watchful of potential trademark infringement and to ensure timely action is taken to enforce their rights. If you have inadvertently infringed the trademark rights of another company, you could end up receiving legal letters demanding you take action.

What is Trademark Infringement?
In Australia, trademark registration is governed by the Trade Marks Act 1995 (Cth) (Act). The Act provides protection for registered trademarks. If a trade mark is unregistered, an individual will have to rely on passing off under the common law, the elements of which are traditionally more difficult to establish.

The Act outlines three circumstances in which an infringement might occur:

• The sign is substantially identical or deceptively similar;
• The goods or services are closely related or in the same description;
• The trade mark is “well known”.

As a trademark owner, it is important to monitor the market and ensure that no third party is taking advantage of your IP rights or to take action quickly if you believe that they are.
The registered owner of the trademark may start legal proceedings against a party that violates its trademark rights, and such conducts are heard in the Federal Court, Federal Circuit court, or the supreme court of an Australian state and territory.

If own a business and would like find out more trademarks or about your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an interview.

Alternatively, you can book an online consultation with us via this link: https://straits-lawyers.square.site/product/online-consultation-/11?cs=true

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.