ARTICLE
22 August 2023

Trade Mark infringement

M
Madgwicks

Contributor

Madgwicks Lawyers has been serving clients since 1975 with reliable legal advice, clear explanations of outcomes, and practical options. Their deep expertise helps clients navigate complex matters by providing informed decision-making. The firm prioritizes developing long-term relationships with clients locally and globally, adding value beyond legal services. With over 100 staff and expertise in key practice areas, Madgwicks is an award-winning commercial firm. As part of Meritas, they are connected to a global alliance, offering business law services in 92 countries.
Discusses the legal requirements you need to meet under Australian law to prove trademark infringement.
Australia Intellectual Property

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.

Registered Trademark

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.

Bad Faith

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.

Damages

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.

Conclusion

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More