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Trade Mark Infringement

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.

Seek the advice of a Trade Marks Attorneys before issuing a letter of demand. Doing so prematurely could see you in trouble for making groundless threats.

If you have registered a trade mark and believe that someone else is infringing your rights, contact us now to discuss the options available for you. It’s important to note that issuing a letter or similar demands without the right to do so could be viewed as the making of groundless threats, which is prohibited under the Trade Marks Act 1995. If you make such a groundless threat concerning trade mark infringement, the person receiving the threat may be able to take action against you, so, it’s crucial to ensure you are within your rights before threatening legal action against others. The first consultation with our Trade Marks Attorneys will be free of cost and of obligation. This will allow us to determine whether it is appropriate to issue a letter of demand on another person to cease and desist their use of the similar name or other sign.

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Real People, Real Reviews

Mark My Words Trademark Services Pty Ltd
Excellent
5.0
Based on 33 reviews
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We've been clients of Mark My Words for quite a few years now, and not once have I ever doubted that my business is in the very best hands when it comes to handling our IP with trademarks in Australia and throughout the world. Jacqui has expertly guided us through a number of trademark purchases that were straightforward, as well quite a few other instances where we've had to overcome objections, negotiate trademark conflicts, and defending our own trademarks. The communication is perfect and the team always goes above and beyond to make sure we understand our options and possible costs before making any decisions. I highly recommend Mark My Words to any small business needing help with trademarks.
My company, Weyo, invested significant time and money in developing its brand identity so it only made sense to ensure Weyo was a protected trade mark. Mark My Words have been our first and only choice for assisting with our IP and trade mark needs across the world. This was particularly important as Weyo’s first launch was a collaboration with the Wiggles followed closely by collabs with Sesame Workshop and Oddbods so we needed to be sure everything was in place. Jacqui and her team deliver every time. 10 out of 10!!!
Jacqui has been a trusted external advisor to Funlab. Through our expansive and rapid domestic and international journey Jacqui has been a consistent and constant source of counsel. Her professional, proactive and wholesome approach to IP has been welcomed for many years. Thankyou.
Brooke and Jacqui were extremely helpful with a less than straight forward IP matter my company had to overcome. They were really great in keeping me informed of the process as it progressed and we achieved the best outcome.
Mark My Words were the perfect solution to my Trademark registration needs. They have been so professional and thoughtful along the journey, providing me regular updates and a streamlined service. I filled out a few details and they took over from there with no glitches and a wonderful result! I now have a trademarked writing business in Australia and I plan on protecting myself in other countries too. I wouldn’t go anywhere else. Thank you to the team for looking after HeartWriting® Workshops Australia!
Jaqui and staff at MMW have been excellent and very professional. I started with a large company who grossly overcharged and failed to do the necessary work. Still paying them off by the way! Then I found Jaqui and staff who went out of their way to assist for reasonable charges Go with a smaller company and get personalised service like I did. They go out of their way to offer advice at reasonable fees
Wonderful team, with great knowledge and experience in their work.They provide super quick, comprehensive responses to my questions and offer kind advice, regardless of the nature of the job. Such a great team with wise management.they are true professionals.
Our experience with Mark My Words has been excellent. We worked with Jacqui Pryor on US trademark infringement issues with no charge for the email consultation. Jacqui Pryor held my hand throughout the process and walked me through the steps necessary. I am very happy with the effort Jacqui Pryor made and the quality of the work. Her advice is always on point. She was always available and happy to answer any questions which is very helpful in the complex world of trademark infringement. Will continue to use Mark My Words for future IP activities. I would recommend Jacqui Pryor for anyone chasing deep trademark infringement issues.
Best of the best!I wanted to express my heartfelt appreciation to Jacqui L Pryor for her invaluable assistance with my challenging trademark case. Thanks to her expertise, I successfully secured my trademark. I highly recommend Jacqui for her exceptional thoroughness, intelligence, and skill in navigating complex legal matters. 5 stars ⭐️⭐️⭐️⭐️⭐️
Mark My Words have been excellent at getting our logo approved and communicated all the way through the process. Thanks so much. It turned out to be much easier than I had thought it would be due to you guys!
Mark My Words was a game-changer for my business. Being a business owner, it's always a challenge to find the right companies to work with. From the get-go, they grasped exactly what we needed and understood our challenges. Their efficiency and advice was spot-on, and I felt completely secure in their hands. Needless to say, I'm continuing to work with them.
I needed a bit of straightforward advice for my small business, as I wasn't sure if I needed to apply for a trade mark or whether there would be an infringement. Jacqui replied quickly, thoroughly and cleared everything up, with no charge for the email consultation. I'll definitely be back if I need more help in future.
Always friendly and helpful, MMW make the trademarking process really clear and easy.
Jacqui has been amazing in terms of advice and support when considering trademark issues in my business. I felt empowered to make informed decisions and reassured by her knowledge and professionalism. I wouldn't hesitate to engage her services again in the future. Very encouraging, quick to respond and highly professional. Many thanks Jacqui.
I have been using Mark My Words since 2011.They have taken care of my trade marks and any issues that have arisen over the years and there have been a few.Always very professional and reliable. highly recommend.
Very helpful in navigating all the requirements and answering any questions, making you feel comfortable and confident with the process. Would highly recommend!
Extremely professional service and advice, a very pleasant collaboration, which ultimately led me to successfully obtain approval in what I initially thought was an impossible trademark application process. Special thanks to Ms. Ma.
We tried to register our trademark ourselves and put it in the too hard basket after numerous rejections. We then got on to Jacqui Pryor at Mark My Words and couldn't have been happier with the ease of the process and Jacqui's clear communication style, keeping us informed and stepping us through the process to a successful registration. Couldn't recommend highly enough.
Highly recommended for their exceptional service - consistently professional from beginning to end.
The team at Mark My Words made a complex process extremely simple. Their communication was excellent throughout the process
The staff and Mark My Words Trademark Services were very helpful and always available to clarify any issues.
Great service. Highly recommended to anyone needing trademark legal services.
Jacqui and her team made the whole process so easy and efficient, especially being a busy business owner - it saved me so much time!
So good having Mark My Words handing our trademarking journey. Outstanding service at every stage of the process. Highly recommended!
Amazing service, highly recommended!
Mark My Words have processed the trademark application for my online business and social enterprise I'm Plastic Free. They are very accurate, precise, and very knowledgeable about trademarks. I'll definitely recommend them to any business that wants to protect its IPs.
I have just received my fully trademarked brand; thank you to Mark My Words Trademark Services for your seamless, informative and professional service. You have made a seemingly tough task very easy to deal with,
After months and months of dealings with a previous solicitor over trademarking, Jacqui literally got results in a matter of days.Jacqui walked me through the whole process via email, with very simple explanations and steps. I gained a world of legal knowledge from Jacqui.I would absolutely recommend Jacqui and her team, and will be using her again in the future!
Excellent service for a great price!
We've used MMW extensively across a broad range of trade mark applications in dozens of jurisdictions. The advice has been nothing but correct, actionable and timely. I couldn't encourage using MMWs services more. They are fantastic, reliable and a great addition to a busy in-house legal team.
Thank you for an all round great service,Most pleasant professionals We’ve come across
After weeks of self-directed research into IP and how to best protect myself, I only became more and more overwhelmed and unsure of where to start. After reaching out to Jacqui and the team at MMW, my queries were answered promptly and comprehensively. If it wasn't for MMW I would have wasted money on IP that wasn't registrable or helpful in protecting my brand. Thanks to their skill set and wide range of IP knowledge I could effectively protect my brand now, and for the future.
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Google Rating
5.0
Based on 33 reviews
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