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.
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
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?