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At some point, most businesses face a situation where they need to protect their branding from the activities of a competitor. If it is a trade mark the company wishes to protect, a trade mark dispute may begin.
A trade mark dispute can arise in two ways:
- A competitor is using an identical or similar trade mark to yours
- A competitor considers you are using a trade mark identical or similar to theirs.
The causes of trade mark disputes
Trade mark disputes can arise under various causes of action:
- Infringement of a registered trade mark under the Trade Marks Act 1995 (Cth)
- Misleading and deceptive conduct under the Trade Practices Act 1974 (Cth) or equivalent State Fair Trading legislation
- Common law tort of passing off
- Breach of contract
- In some cases, bad faith domain name registrations under the Uniform Dispute Resolution Policy.
Trade mark disputes & business strategy
Getting the correct specialist advice on how best to deal with trade mark disputes and trade mark infringement claims is a recommend part of any business strategy.
Disputing the unauthorised use of use of your trade mark by a competitor and preventing further trade mark infringements and violations, offers the following benefits:
- Protects your market share
- Protects your market reputation
- Avoids consumer brand confusion
- Enhances the value of your trade mark and business.
Defending claims of a trade mark infringement, violation or breach offers the same benefits as above. Implementing an appropriate defence strategy to protect your marketplace positioning is equally as important as enforcing your rights against another.
Whilst an aggressive trade mark litigation strategy has its place, in some cases, the preferable commercial outcome when defending a trade mark infringement claim is to negotiate settlement and minimise costs and legal liability by avoiding law suits.
Actuate IP’s trade mark dispute and litigation services
Actuate IP manages the trade mark litigation and dispute process closely with you so you are aware at all times of progress and costings. This allows you to make the appropriate decisions for your business.
We will facilitate settlement where appropriate, but if unavoidable will adopt an aggressive trade mark litigation strategy. Our lawyers have litigated in various jurisdictions including the Federal Court. Our IP team has a wealth of intellectual property experience to devise a strategy to maximise best case outcomes for your business in trade mark disputes.
How can trade mark disputes be avoided?
Trade mark searches ensure that a comprehensive search of registered trade marks is completed before any integration into the business begins. Trade mark registration ensures that your trade mark is officially protected from competitive breaches.
Place an Online Enquiry to contact a Trade Mark Attorney to discuss trade mark disputes or call us on 1300 768 730.
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