In Australia, trademarks are protected under the Trade Marks Act 1995 (Cth). If you believe that someone is infringing on your trademark, you must meet certain legal requirements to be successful in proving trademark infringement. In this article, we will discuss the legal requirements you need to meet under Australian law to prove trademark infringement.
To prove trademark infringement in Australia, you must have a registered trademark. Your trademark registration must cover the goods or services that are being offered by the alleged infringer. The registration must also be current and valid.
Use of Trademark
You must prove that the alleged infringer has used your trademark or a similar mark in relation to the same or similar goods or services. This includes proving that the use of the mark by the alleged infringer is likely to cause confusion among consumers.
Likelihood of Confusion
To prove trademark infringement, you must show that the use of the mark by the alleged infringer is likely to cause confusion among consumers. This confusion must be related to the origin, quality, or endorsement of the goods or services offered by the alleged infringer.
If the alleged infringer has used your trademark in bad faith, this can strengthen your case. For example, if the alleged infringer knew about your trademark and deliberately chose to use a similar mark to confuse consumers, this can be evidence of bad faith.
To succeed in a trademark infringement claim, you must also prove that you have suffered damages as a result of the infringement. This can include loss of revenue or seeking an account of profits from the person infringing your trade mark.
If you believe that your trademark has been infringed, it is essential to seek legal advice from an experienced lawyer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.