Trade mark protection

You’ve done the hard yards to get your mark registered in Australia and perhaps other countries too… so what happens when you think someone is infringing your mark?

You have the exclusive rights to control your important asset including authorising/ licensing someone else to use your mark or taking action against someone to prevent them from using it.

TRADEMARKit is part of Shiff and Company, an intellectual property and commercial law firm. Our expertise in this area of law means we can assist you in protecting your mark, including but not limited to:

  1. issuing the infringer with a cease and desist letter, demanding that they immediately cease using your registration and remove it from all advertising material, websites, or where ever it appears;
  2. issuing proceedings against the infringer;
  3. opposing new trade mark applications for marks that are substantially identical or deceptively similar to your registration; and
  4. contacting Australian Customs to prevent the importation of goods which would infringe your registered trade mark.

How will I know when infringements occur?

We can take care of that for you, as we are able to monitor the market and identify possible instances of infringement, giving you peace of mind.

Trade mark owners often come across infringing marks in the course of their business. You may notice a new competitor with a similar mark, you may start getting calls that are intended for another business, or your clients may tell you they mistook another company’s logo for your own. When this happens, you should get in touch straight away and we will help you work out what to do.

If you’d prefer to be proactive about infringement, you can engage us to monitor the register for similar trade marks. The cost of doing this work depends on the number of marks you own, the number of categories in which they are registered, and the length of time you want us to provide this service. Please contact us for more information.