What to do if someone starts using your trademark?

If you discover a third party using your trade mark, it’s important to take swift and decisive action. This can help to protect your brand and your reputation. 

The 3 main steps in the process are:

Consult a trade mark attorney. A trade mark attorney can advise you on the best steps to take. Having a legal team to represent you in such a situation is important. A legal professional will be better equipped to navigate the complex legal issues inherent in trade mark law.

You will need to contact the infringing party. You should try to do this with a cease-and-desist letter. By sending a cease-and-desist letter, you can attempt to resolve the issue without resorting to legal action. The letter should be written professionally, explaining how the third party is infringing upon your trade mark, and should succinctly outline the effects of continuing infringement and the potential legal action that could be taken.

If, after all these steps, your business can still not resolve the issue, it may be necessary to file a trade mark infringement lawsuit. The lawsuit will involve demonstrating that the third party is infringing your trade mark and that you’ve suffered a loss as a result. If the lawsuit succeeds, the third party may have to pay you damages and will be ordered to stop infringing your rights. 

The best way to protect your business’s trade marks is to monitor your trade mark proactively. Register your trade marks with the Australian Trade Marks Office, and regularly monitor filings to check that a third party is not attempting to register your trade mark.  

If the thought of this bores you, you can use watchdog services to inform you of any third party use of your mark. This can help to prevent any issues from arising in the first place. 

While you can monitor other parties’ use of your trade mark, firstly check that your ‘house is in order’. It is important to ensure that your business’s trade marks are being used properly and in accordance with the law to maintain your monopoly over your brand name in relation to your Company’s goods or services. 

Ultimately, taking swift and decisive action is important if your business discovers a third party using its trade mark. There may be various options available to you, but it is crucial to retain the services of Trade Marks Professionals to guide you through the process. 

We love a good trade mark fight and will help ensure that your trade mark is appropriately protected and that any infringement is quickly and efficiently resolved.



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