What to Do if Someone Infringes on Your Trademark in Australia

If you suspect someone has infringed on your trademark, it’s essential to take action to protect your intellectual property and prevent further damage.

Step 1: Assess the Infringement

Before taking action, assess whether the infringement is genuine. Does the other party’s trademark cause confusion among consumers? If it does, this is grounds for taking legal steps. Also, determine if they are using your trademark without permission or if it’s merely a resemblance.

Step 2: Contact the Infringer

In many cases, the issue can be resolved by simply contacting the infringer. Write a formal letter (a “cease and desist” letter) requesting that they stop using your trademark. This letter should outline the rights you hold over the trademark and request immediate cessation of the infringing activity.

Step 3: Mediation or Negotiation

If direct contact does not resolve the issue, consider mediation or negotiation. Mediation can help both parties come to a resolution without going to court. This could include a settlement or an agreement on how the trademark will be used moving forward.

Step 4: Take Legal Action

If the infringement continues or cannot be resolved through mediation, you can take the matter to court. With a registered trademark, you have a strong case and can claim damages, demand the infringer stop using your mark, and seek other remedies such as destroying counterfeit goods.

Step 5: Report to IP Australia

If necessary, you can also lodge a complaint with Trade Mark Registration Process, especially if the infringement relates to the misuse of a registered trademark. They can provide assistance and help resolve the issue.