Trade Mark Infringement & Enforcement

Whether your trade mark is registered or not, enforcing and defending it well is critical to your business. Our award-winning trade mark lawyers are internationally regarded and highly experienced in trade mark infringement and enforcement, giving you expert advice and a forward-thinking strategic approach.

We can assist with all aspects of trade mark infringement and enforcement – from monitoring and identifying infringing activity, preparing and responding to letters of demand, devising enforcement strategies, engaging in negotiations through to litigation and final hearings. We are experts in the field, responsive and are guided by our client’s values and desired outcomes.

Trade Mark Disputes

Infringement Of Unregistered (reputation-based) Trade Marks

In Australia, New Zealand and other common law countries, extensive use of a trade mark may generates rights which are enforceable, even if the mark is not registered.

However, there are disadvantages in relying on common law protection of trade marks. Court action can be protracted and uncertain. Reputation based rights are often limited geographically to where a reputation has been developed. Also, in many overseas countries, use-based rights are not recognised for trade mark ownership, so the first party to seek registration takes priority.

We can assist to defend and protection your reputation based marks.

Infringement Of Registered Trade Marks

Once your trade mark is registered, you have the exclusive right to prevent other parties using either your trade mark or a trade mark which is substantially identical or deceptively similar to your trade mark on or in relation to the same or similar goods. If your trade mark is well-known, this provide an additional avenue of action.
We can help you devise strategies to monitor, identify and action trade mark infringement and other misleading or deceptive conduct.

Defending Trade Mark Infringement Allegations

If you receive a letter of demand, we can assess your potential exposure, assist you to mitigate it and provide you with strategic and tailored advice to defend those allegations or negotiate an acceptable result.
We can also help develop risk management strategies for your trade mark use.

Online Infringements

The online environment is an essential marketplace for businesses. Websites, social media, search engines and e-commerce websites are tools business are increasingly accessing. We have specialized expertise in these areas and can help to expertly navigate this dynamic and ever-changing space when it comes to monitoring and identifying trade mark infringements and enforcing your rights in this online.