Enforcing Your Trademark In Australia By A Lawyer

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• Enforcing Your Trademark In Australia By A Lawyer

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Introduction

• The extent to which the owner of the intellectual
  property rights can enforce those rights
  typically has a direct bearing on the value of
  your IP. To keep your IP valuable in legal terms
  and to continuously deter infringement by any
  third party, effective trade mark enforcement is
  required.

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• Your IP portfolio is a significant resource. It
  could harm your company and brand if someone else
  uses it without your permission. Therefore, it is
  crucial to register your intellectual property
  rights, implement a plan to check for
  infringement, and, if required, enforce your
  rights.
• In this article, we will discuss four methods to
  defend and enforce your intellectual property
  rights and how trademarking lawyers can help in
  doing so.

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Trade Mark Enforcement What Is It?

• In general, trademark owners are required to
  exercise their legal rights on their own. The IP
  Australia is not a body that enforces laws. In
  addition to the market, owners must carefully
  watch federal and state trademark publications.
• Trademark owners must put time, effort, and money
  into protecting their mark when potential rivals
  begin to use it or try to register it on a
  government register. This enforcement frequently
  entails unpleasant friction and legal expenses.
  However, as will be discussed below, failing to
  swiftly enforce a trademark owner's rights might
  result in those rights becoming completely
  worthless.

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How To Enforce Trademarks in Australia?

• Keep a close eye out for violations, and take
  appropriate action when necessary. Simple web
  searches can turn up competitors and other
  parties who might be violating your intellectual
  property rights.
• Utilise your registered trademark actively
• Together with a lawyer or trademark attorney,
  establish a strategy. Discuss several
  possibilities for initiating formal legal action
  or for resolving any disputes without using the
  courts
• Appoint a lawyer or trade mark attorney to keep
  an eye on the market and check for any possible
  infringement issues on your behalf on a regular
  basis

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• all the trademarks you have registered should be
  documented
• Know where you have leased your trademark and how
  you or a third party have handled this
• To let people know you have a registered trade
  mark, place the letter "R" next to your mark
• Keep an eye on any significant rivals to your
  company and observe their behaviour.

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When Should Your Trademark Be Enforced?

• A business that has been in business for a while
  and has a registered trademark that is regularly
  checked is undoubtedly aware that there are
  possible infringers all around them. However,
  this does not imply that every prospective
  infringer must be pursued with all available
  means. Simply put, doing so is not practical from
  a commercial or economic perspective.

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• Once more, this is the reason it makes sense to
  collaborate closely with a trademark lawyer to
  protect your rights. Your lawyer can assist you
  in deciding whether or not it is worthwhile to
  pursue a specific infringing party.
• This choice may be influenced by a number of
  things. For instance, if the infringement is
  selling goods that are identical to or strikingly
  similar to yours, you may opt to pursue trademark
  enforcement. Customers could find it challenging
  to distinguish between your products and subpar
  goods from another firm if their mark is
  confusingly similar to yours. Additionally, the
  likelihood of confusion and lost revenue
  multiplies if the infringer operates in the same
  nation as you do.

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Bottomline

• In most cases, it is preferred to resolve
  conflicts outside of court because legal
  proceedings can be highly expensive. It is
  customary for the trade mark attorney to issue a
  "letter of demand" to the infringing party as
  soon as they become aware of instances of
  unlawful use of a registered trade mark.
  Depending on the goal of the trademark owner, the
  letter of demand can be written in a number of
  different ways. To start a lawsuit in the Federal
  Court, this is a requirement.
• Before the dispute escalates to litigation, both
  parties may use mediation and arbitration to
  reach an amicable agreement.

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• Your brand will be protected by Australian trade
  mark registration, as will whatever reputation
  you develop for your brand name. Its value
  increases along with the expansion of your
  company. Please get in touch with an IP law firm
  if you're thinking about trademark protection or
  protecting your rights against a potential
  infringer.