Eliminate The Threat
Of Counterfeit Goods.

Customs

The owner of a registered trade mark has the power to have foreign shipments seized on arrival into Australia, if those goods bear fraudulent or deceptive trade marks.

So, if you are concerned about inbound counterfeit goods, we can file a notice of
objection for you with the Department of Home Affairs, to initiate seizure by
Australian Border Force, of the goods upon arrival.

Once we file a notice, the goods can be located in random customs checks, and
the infringing goods, once identified, will be seized. Once goods are seized, both
you and the importer will be notified, and the importer will be given ten days to
claim the goods. Where the infringing goods are not claimed, which is ordinarily
the case, they are considered forfeited by the importer. In the rare situation that a
claim is made by the importer, you will have ten days to commence proceedings,
or otherwise agree to the release of the goods to the importer.

In the overwhelming majority of cases, seized goods are forfeited, which means that in all but rare circumstances, you will not be required to take any further action, making this a relatively fuss-free process for you.

Talk to us about filing a notice.

Proactive Monitoring To Prevent Future Threats To Your Trade Mark.

Trade Mark Watches, Conflict Identification & Management

Trade mark applications are constantly being lodged, and in some cases, for a range of reasons, applicants may have failed to perform the requisite searches. This means that the potential for infringement on your trade mark is always an ongoing concern.

To safeguard your trade mark, we maintain a watch on the register so that we can quickly identify any applications that may potentially conflict with your trade mark. If we find a conflicting application, we can then file an opposition.

Another benefit of these watches is that they yield an abundance of valuable
information about the activities of your competitors, and can alert you to any use,
(or even intended use), of an infringing trade mark. In this way you are able to
take efficient and timely action to challenge the application and protect yourself.

Talk to us about commencing a register watch strategy for your trade mark.

Services

Patents

Protect, grow and monetise
your innovation.

Trade Marks

Trade mark to help secure
your brand’s future.

Designs

Safeguard your unique design.

IP Oppositions & Disputes

Enforce your rights and protect
your trade mark from infringement.

IP Commercialisation

Enhance your prospects of
success with a bespoke
commercialisation pathway.

IP Valuations

Find out what your IP
is really worth.

IP
InSights

17 May

Full Federal Court Puts “Honest Concurrent Use” Under The Microscope

Ceramiche Caesar S.p.A. V Caesarstone Ltd is an appeal by Ceramiche Caesar, holder of the registered trademark CAESAR, against the primary judge’s decision to allow Caesarstone’s application for the trade mark CAESARSTONE on the basis of “honest concurrent use”. ... Read More

17 May

Trade Mark Disappointment For Mars Petcare – The Cat Didn’t Get The Cream

A decision that should give companies “paws” to reflect before attempting to trade mark an “everyday” image. ... Read More