When handling trademark enforcement matters, Shire Legal has experience assisting both trademark holders and those accused of infringing trademarks.
For trademark holders, if you believe that a business is using your intellectual property, you can take action to enforce your rights with Shire Legal’s intellectual property lawyers.
If you are the owner of a registered trademark – we can assist you with:
- Preparing and sending a cease and desist letter to the trademark infringer
- Liaising with the other party
- Engaging in negotiation
If you are accused of infringing a registered trademark (or if there are allegations of passing off) – we can assist you with:
- Reviewing documentation and obtaining a detailed investigation of the claims
- Preparing and sending a letter in response to the other party regarding the allegations raised.
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Shire Legal has assisted its clients in a range of trademark matters, such as:
- serving a cease and desist letter on a client’s former employee who had set up a competitive business using a similar name
- serving a cease and desist letter on a client’s competitor who was using our client’s brand and product names in its Google Adwords
- responding to a cease and desist letter on behalf of a client who sold imported products with a similar shape to the other party’s product which was protected by a registered trademark
- negotiating a Coexistence Agreement between our client and a registered trademark owner, to enable our client to continue in its operations without having to change its name, which was similar to the registered trademark name
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Below are links to blogs that we have written in relation to trademarks are:
- Waltzing Matilda – a trademark?
- Registered a business name? Trademark it!
- In-N-Out Burger Restaurant wins against Sydney burger chain in Federal Court
- Can a bikini style infringe a trademark?
- When the same slogan is used by different businesses
- Be careful when you use the word Anzac
- Why do I need a lawyer when I start my business?
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Contact us if you have any questions in relation to trademark enforcement. Appointments can be made through our online booking portal.