Trade Mark Infringement and Enforcement

Whether you have registered your trade mark or not we can help you defend and protect your trade mark if a dispute arises regarding its registration, use or infringement by others.

In Australia, New Zealand and other common law countries, extensive use of a trade mark 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. And reputation rights are limited geographically to where a reputation has been developed.

Also, in many overseas countries, use-based rights are not recognized for trade mark ownership, so the first party to seek registration gets priority.

If a conflict does arise over a reputation-based trade mark, we can help you with :

  • handling pre-litigation disputes involving enforcement of your rights
  • defending allegations made against you
  • litigating defence and infringement matters before the courts
  • developing risk management strategies for your trade mark use.

For enforcement purposes, the key advantage of registration is that the rights arise from the registration itself, not from any reputation attached to the mark. Even trade marks that have not been used can be protected and marks that have been used only in one part of the country are protected nationally. Our intellectual property law group handles trade mark infringement matters with the cost-efficiencies, focus and experience that only a specialist IP practice can provide (see below.