10 November 2025
When it comes to trade marks, timing and evidence can make all the difference. The sooner you file and the better your records, the stronger your position if someone tries to hijack your brand.
Here’s a real-world scenario that shows exactly why acting early matters.
The problem: A brand at risk
A growing business in the fitness industry had been operating successfully under its chosen name for several years. It had built a loyal customer base, invested in a logo and marketing materials, and registered the company name.
Then came the shock: a competitor, seeing the brand’s growing success, filed a trade mark application for the exact same name — in their own name.
A few months later, that competitor’s trade mark was approved and registered. They quickly issued a letter of demand, ordering the original business to:
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Stop using the brand name altogether
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Remove it from websites, advertising, and social media
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Provide details of all profits earned under that name
Suddenly, the rightful brand owner was facing the possibility of losing the identity they had built from scratch.
The solution: Evidence and swift action
The business sought immediate advice. The priority was to prove who used the brand first.
By gathering company registration records, early marketing materials, design files, and online content, the business established a clear history of use well before the competitor’s trade mark application.
With that evidence in hand, they were able to:
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Apply to register their own trade mark, securing the name in their ownership.
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Challenge the competitor’s registration as a bad-faith filing.
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Reject the demands backed by strong legal and factual evidence.
The result: the bad-faith registration was struck off the register, and the business retained full rights to its brand.
The takeaway: Protect your brand before someone else does
This situation is more common than many realise. Competitors, distributors, or even former partners sometimes file for trade marks in bad faith — hoping to profit from someone else’s hard work.
You can win these disputes if you have proof of earlier use, but prevention is always easier. Here’s what every business should remember:
- Register early. File your trade mark as soon as you start using a brand name or logo.
- Keep records. Save dated evidence of your marketing, website launches, and logo creation.
- Don’t rely on company registration. A company name doesn’t give you trade mark rights.
- Act quickly. The longer you wait, the harder and costlier it can be to fix.
Don’t wait until your brand is challenged
Trade mark disputes can be avoided with the right protection strategy from day one.
IP Solved helps Australian and international businesses secure, manage, and defend their brands — before issues arise.
Talk to the team at IP Solved to make sure your business identity is fully protected.
