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02 9526 3444

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Trademark Enforcement

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.

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  • Fixed fees available
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Contact Us

  • PO Box 495 Miranda NSW 1490
  • 02 9526 3444
  • 02 9526 3499
  • info@shirelegal.com.au

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  • Level 1, 29 Kiora Road, Miranda NSW 2228
  • Phillip Street, Sydney NSW 2000 (by appointment only)

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  • Home
  • About Us
    • Our Team
    • Testimonials
    • Fixed Fees
    • Information Sessions
    • Agency
    • Careers
  • Areas of Practice
    • Business
      • Selling a Business
      • Purchasing a Business
      • Leasing (Retail and Commercial)
      • Business Agreements
      • Franchising
      • Intellectual Property
        • Trademark Registration
        • Trademark Enforcement
        • Passing Off
      • Debt Recovery
      • Security of Payments
      • Employment
      • Bankruptcy
      • Insolvency
      • Business Succession
      • Competition and Consumer Law
    • Estates
      • Wills
      • Power of Attorney
      • Enduring Guardianship
      • Estate Planning
      • Deceased Estates
      • Estate Disputes
    • Property
      • Selling Property
      • Purchasing Property
      • Property Transfers and Refinances
      • Property Agreements
      • Certificate of Independent Legal Advice
      • Strata
      • Easements
      • Subdivision
      • Caveats
      • Leasing (Retail and Commercial)
      • Retirement Village and Aged Care Contracts
      • Co-ownership Agreements
    • Notary Public
    • Certificate of Independent Legal Advice
  • Blogs
  • Events
    • 2018 Drinks on the Terrace
    • 2017 Drinks on the Terrace
    • 2016 Drinks on the Terrace
    • 2015 Drinks on the Terrace
    • 2014 Drinks on the Terrace
  • Payments
  • Contact Us
  • BOOK AN APPOINTMENT