How To Protect Your Business From Trademark Infringement?
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How To Protect Your Business From Trademark Infringement?

Trademark Infringement

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How To Protect Your Business From Trademark Infringement?

Are you a new business in town planning to get a trademark in Australia?

Already got your creative ideas sorted out?

Hang on!

Before you take a step ahead, it might be a wise call to run a check whether you are putting yourself into a trademark infringement situation. In other words, being absolutely sure that your desired trademark (any word, label, graphic, or numerical representing your brand) is not already in use by another business.

Trademark Infringement is one such imperative issue that no business, regardless of its size, can possibly ignore.

You see, a trademark is more like an intellectual identity, something that can make or break a brand. Thus, one should always try to be safe rather than being sorry and hire a trademark attorney to steer the odds well in advance.

This post offers a holistic view of trademark infringement Australia, the ifs and buts involved, how you can protect your business from the same, and why hiring a specialised lawyer matters.

Read on to find out more.

Trademark Infringement 101


Looking to understand what is trademark infringement can be a tad bit tricky. Especially, if you are a new business on the block.

Simply put, any unauthorised use of a trademark for goods or services is termed trademark infringement. Thus, when the particular trademark in question is used as a symbol for certain goods and services, it tends to deceive the consumers about the real company behind it.

And that's not all!

The actual owner of the particular trademark has the right to move the court if they feel their trademark has been infringed. Such trademark disputes are quite common in Australia and all new businesses should bear the same in mind and take appropriate measures.

Why should I hire a trademark attorney in Australia?

Good question!

Well, for starters, applying for a trademark with IP Australia may seem like a fairly easy process at the outset. However, one single error can have your application rejected straightaway.

Plus, not to forget, any changes and rectifications with your trademark application form is a daunting task and usually attract unwanted expenses.

With trademarking lawyers by your side, one can readily do away with common mistakes and mitigate the chances of their application being rejected on silly grounds. A trademark attorney in Australia understands the grounds of objection against your trademark and can respond convincingly. Also, the attorney can attend court hearings if need be, and keep a vigil on any third-party markings that might bear a resemblance.

Here are a handful of compelling reasons to hire a trademark attorney :

  • Identifying the right protection – Working without the help of a trademark attorney means you will have to rely on online resources to help identify your protection rights. Such services are only half-baked and can never match the expertise of a dedicated trademark attorney spending considerable time in understanding your brand value and taking necessary action.
  • Enhancing your chance of approval – Have you ever wondered why some businesses get their trademark approved at one go? It's all about comprehensive research. Trademarking lawyers have access to functional software that helps them find the right alley on trademark resemblances and thereby suggest alterations to your design for a unique application.
  • Correct drafting of goods and services description – When It comes to legal stuff, the language plays a rather important role. A seasoned trademark attorney in Australia works in liaison with public officials to come up with a fitting strategy and language to avoid overlapping with other trademarks that are closely resembling. As such, trademarking lawyers can help select the perfect wordings for the description of your goods and services, so that in the long run you are not exposed to any frauds or penalties.
  • Helping to recognize the right class of goods – In Australia, trademark segregation works across 45 classes keeping in line with the guidelines of

International Certification of Goods and Services (NICE classification). Now, out of these, 34 are reserved for the Goods category, whereas the remaining 11 are for services. In total, the classification comprises no less than 80,000 different products. So, one can easily get confused and make a mistake in recognizing the right class for their products, which in turn can be a reason for rejection. With a trademark lawyer in the picture, you will have nothing to worry about.




Wrap Up

Building a new business is always a tough job.

And while one always strives to go unique with their trademarking, chances are your application with IP Australia may be returned or rejected on multiple grounds. This is where a trademark lawyer cuts in and promises absolute peace of mind.

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This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
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