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.
Seek advice before issuing a letter of demand. Doing so prematurely could see you in trouble for making groundless threats.
If you have registered a trademark 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 trademark 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 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.