Breach of Trade Mark


Trade Mark Infringement occurs when someone uses a trade mark, or part of it, in a way which is identical or very similar to a mark, in a class of good or services in which the owner of the mark conducts its business.

Related actions include the tort of passing off and certain misleading and deceptive conduct.

What intellectual property qualifies as a Trade Mark?

A trade mark is a sign used in business to indicate that goods or services come from a particular trader or service provider.

A trade mark may involve any of the following:

  • Phrase
  • Word
  • Letter
  • Name
  • Signature
  • Numeric device
  • Logo
  • Colour
  • Symbol
  • Picture
  • Aspect of Packaging
  • Scent
  • Sound

If you suspect that your trade mark has been infringed or a company has used your reputation to derive a profit, please contact us for a confidential discussion. You may be entitled to significant compensation.

Alternatively, if you have been accused of infringing a mark, we can advise you in relation to your true legal position and assist in the defence of it.

Contact us for a discussion of your matter on 1300 907 335 or alternatively please complete the contact form on this page.

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