The laws operating in Australia basically state that a person will be considered to have infringed a trademark if they use a ‘sign’ (without registration) that’s the same, or confusingly similar to a sign that someone has registered as a trademark. There are specific circumstances in which it will be found that trademark infringement has not occurred. For example, if the person has actually used the sign for longer than the registered person.
A person who has registered a trademark is entitled to take action against another person for trademark infringement where appropriate. Trademark Infringement is complicated and there is not always a black and white answer as to whether a trademark has actually been infringed. If you have received a letter claiming that you are infringing the rights of another person’s, please contact us for advice. We will review any letter you have received and provide preliminary advice on your situation at no charge. You may then choose to engage our services to respond to the letter on your behalf.