The registered owner of the trade mark may decide to commence legal proceedings against a violating party, where the infringer uses a sign or device as a trade mark that is substantially identical or deceptively similar to a registered trade mark in relation to goods or services in respect of which the trade mark is registered. Such conduct amounts to trade mark infringement (Section 120 of the Trade Marks Act 1995 (Cth)).
The point at which most
regret not having engaged
a skilled IP attorney is when
a dispute occurs.
Our trade mark attorneys, in conjunction with our experienced and reputable litigation partners and associates closely collaborate across all areas of intellectual property and trade mark litigation, including providing strategic advice on rights enforcement and brand protection, and prosecuting and defending trade mark infringements. This includes matters of litigation which concern the unauthorised use of a registered trade mark.
Platform IP trade mark attorneys work closely with our litigation partners, including specialist IP lawyers and advocates whom are highly trained and experienced in intellectual property law – particularly, trade marks, patents and copyright. Collectively, we have many decades of experience in handling trade mark disputes, and in implementing superior measures so that you are in the best position to avoid them. So, whether you need to enforce your rights against unauthorised conduct by a violating infringer, are seeking to protect your trade mark from a potential competitor, or you are preparing to challenge a Registrar’s decision in Court, we provide clear and practical, expert advice and representation on all disputes relating to trade marks. Together, we always ensure that your dispute matter is dealt with expeditiously and effectively.
Platform IP has led numerous difficult and multifaceted Trade Marks Office preregistration opposition proceedings for both applicants and opponents, throughout an extensive range of industries. We have also made and opposed many applications in the Trade Marks Office for removal on grounds of non-use, and wehave compiled, prepared and submitted a large number of files to IP Australiaand IPONZ as substantive and persuasive evidence to assist in defeating objections raised.
Across all of our work, we engage closely with a select and evolving network of intellectual property lawyers. In many cases we assist them with legal matters including –
- seeking and securing urgent relief such as injunctions and seizure orders
- prosecuting and defending Australian Consumer Law and passing off claims, and trade mark revocation actions
- advising on and prosecuting appeals of Trade mark Office decisions
- advising and representing clients in mediations and dispute resolution processes
- utilising our network of legal professionals for litigation and appeals in the Federal Court or Federal Circuit Court