Intellectual Property Violations: Identifying Trademark Infringements
The cornerstone of your business’ value lies in its intellectual property (IP). As your brand becomes more well-known among customers, your IP will serve as a symbol of your identity and safeguarding it through trademarks is paramount. This blog post outlines the implications of trademark infringement and explains how you can protect your business’ IP.
What is a trademark infringement?
Trade mark infringement is generally described as an unauthorised use of a registered trade mark. This unauthorised usage can lead to confusion among consumers, dilution of the trademark’s distinctiveness, and potential damage to the reputation of the registered trademark owner.
The owner of the registered trademark has the right to take legal action against the infringing party to protect their intellectual property rights.
When is a trademark infringed?
The Trade Marks Act 1955 (Cth) outlines three circumstances in which a sign may infringe a registered trade mark:
- The person uses a sign that is substantially identical with, or deceptively similar to, the registered trademark
- The good or services are closely connected to those of the registered trademark
- The trade mark is well known
What can I do if my trademark is being infringed?
If you believe your trademark is being infringed, you can seek legal advice. Understanding your rights, available remedies, and evaluating the potential costs and likelihood of success is crucial.
Once engaging legal assistance, you’ll likely be guided to issue a Letter of Demand to the individual or entity believed to be infringing your trademark.
What are the penalties for trademark infringement?
Trademark infringement constitutes a clear breach of the Trade Marks Act 1995 (Cth). Courts possess the authority to issue injunctions that restrain the infringing party from further use of the trademark or sign. Additionally, courts can award the trademark owner financial compensation or require the infringer to account for the profits derived from their breach.
Key takeaways
- A trade mark infringement is an unsanctioned use of a registered trade mark.
- If your trademark is being infringed, you should seek legal advice.
- Infringing a trademark carries significant penalties.
Gladwin Legal are experts in intellectual property law and have extensive experience in advising businesses. If you require assistance in understanding your legal obligations please contact us at or 1300 033 934.