Once you have successfully registered your trade mark, you have exclusive rights to its use. Your trademark may be a:
Although you should have exclusive rights to use your mark, other businesses with similar products or services to you may exploit your brand. They may use your trade mark to market their own business. If they do, then this may be considered trade mark infringement. If and when this occurs, you should get advice and assistance from a trade mark infringement lawyer at PCL Lawyer in Sydney.
Claims for trade mark infringement are usually accompanied by allegations of passing off and misleading and deceptive conduct. Please see our FAQ’s below in this regard.
As a trade mark owner, you hold specific legal rights.
If you think that your trade mark has been infringed, we can assist in various including:
As well as the right to exclusively use your trade mark, where relevant, you may also have additional powers, such as requiring Customs to watch and seize imported goods that may infringe a trade mark.
If you suspect that you are the victim of trade mark infringement in Australia, or that a company has used your reputation to profit, our lawyers in Sydney can assist you by drafting a properly particularised letter of demand. We have represented plaintiffs many trade mark infringement proceedings.
If you have been accused of trade mark infringement, then you should seek legal advice from a PCL trade mark lawyer. Trade mark infringement is a serious matter that can involves savage consequences. For this reason, you should contact one of our lawyers in Sydney to discuss a possible defence and/or containment of the infringement. The right legal arguments can often turn an initially disastrous outlook into a very manageable situation, with the right advice and handling of the matter.
If the dispute goes to court, a judge may order you to stop infringing the trade mark. A judge may also order you to pay compensation and the costs of the other party. Hence, a strong reply to the alleged holder of the mark on legal letterhead is critical to protecting your position.
If you receive a ‘cease and desist’ letter, then you should take it seriously and contact a lawyer to find out whether you are infringing trade mark.
If you require assistance with a trade mark infringement, then contact our trade mark lawyer in Sydney on 1300 907 335. Alternatively, you can fill out the contact form on this page and we will contact you to discuss this further.
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