Trade mark enforcement
When your trade mark is infringed, it can dilute your brand's distinctiveness and confuse customers. Our enforcement services help you stop infringement and protect your brand's value.
Get help nowEnforcement options
We offer a range of enforcement services tailored to your specific situation and budget.
Cease & desist letters
Formal letters demanding that infringers stop using your trade mark. Often the most cost-effective first step in enforcement.
Opposition proceedings
Formal proceedings to oppose trade mark applications that conflict with your existing rights before they're registered.
Negotiation & settlement
Strategic negotiation to resolve disputes efficiently, often reaching agreements that protect your interests without litigation.
Cancellation actions
Proceedings to cancel registered trade marks that were wrongly registered or are no longer being used.
Strategic and decisive
We take a strategic approach to enforcement, focusing on achieving the best outcome efficiently.
Assessment
We thoroughly assess the infringement and your rights to determine the strength of your position.
Strategy
We develop a tailored enforcement strategy that balances effectiveness with cost considerations.
Action
We take decisive action to stop the infringement, whether through negotiation or formal proceedings.
Resolution
We work to achieve a resolution that protects your brand and prevents future infringement.
“Kate responded to my first email on a Saturday and was straight onto this case the following Monday. In a particularly delicate and emotional time for me, she took the reins, kept me informed and was flexible to my needs. The outcome she achieved on behalf of me and my business was amazing.”
Leone Wilson
Founder, Harvesting Health
When should you enforce?
Knowing when to enforce your trade mark rights is crucial for protecting your brand.
You should consider enforcement action when someone is using a trade mark that is identical or confusingly similar to yours in a way that could mislead consumers or damage your brand.
Early action is often more effective and less costly. The longer infringement continues, the harder it can be to stop and the more damage it can cause to your brand.
We help you assess each situation and determine the best course of action based on your specific circumstances and business objectives.
Signs of infringement
- Similar or identical marks on competing products
- Customer confusion about the source of goods
- Counterfeit products bearing your trade mark
- Domain names that incorporate your trade mark
- Social media accounts impersonating your brand
Common questions
Answers to frequently asked questions about trade mark enforcement.
What is trade mark infringement?
Trade mark infringement occurs when someone uses a sign that is identical or deceptively similar to your registered trade mark, in relation to similar goods or services, without your permission. This can include using a similar name, logo, or branding that is likely to confuse consumers about the origin of the goods or services.
What should I do if someone is infringing my trade mark?
If you suspect infringement, the first step is to gather evidence of the infringing use. Then, seek legal advice to assess the strength of your position. Common next steps include sending a cease and desist letter, filing an opposition if the infringer has applied for registration, or initiating formal proceedings if necessary.
How much does trade mark enforcement cost?
Enforcement costs vary depending on the complexity of the matter. A cease and desist letter is often the most cost-effective first step. Opposition proceedings and litigation are more involved and costly. We provide transparent pricing and will always discuss costs upfront before taking any action.
Can I enforce my trade mark internationally?
Trade mark rights are territorial, meaning you can only enforce your trade mark in countries where you have a registration or established rights. If you need to enforce internationally, you will need registrations in each relevant country. We can help coordinate enforcement across multiple jurisdictions.
What is a cease and desist letter?
A cease and desist letter is a formal letter sent to an infringer demanding that they stop using your trade mark. It outlines your rights, the infringing conduct, and the consequences of continued infringement. It is often the most effective and affordable first step in resolving trade mark disputes.
Can I take action against a mark that is similar but not identical to mine?
Yes. Trade mark infringement isn't limited to identical marks. You can take action against marks that are deceptively similar to yours when used in relation to similar goods or services. The assessment of similarity considers factors such as the visual, aural, and conceptual resemblance between the marks, as well as the closeness of the goods or services involved.
Is your trade mark being infringed?
Contact us for a confidential consultation. We'll assess your situation and advise on the best course of action.