The laws operating in Australia basically state that a person will be considered to have infringed a trade mark if they use a ‘sign’ (without registration or permission) that’s the same, or confusingly similar to a sign that someone has registered as a trade mark. There are specific circumstances in which it will be found that trade mark infringement has not occurred. For example, if the person has used the sign for longer than the registered person.
A person who has registered a trade mark is entitled to take action against another person for trade mark infringement where appropriate. Trade Mark Infringement is complicated and there is not always a black and white answer as to whether a trade mark 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. As your Trade Marks Attorneys, 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.
