Trade Mark Disputes

When a party applies to register a trade mark, any interested party can oppose the registration if they believe the trade mark is too similar to their own registered or unregistered trade mark. The opposition process is a formal legal process that is heard by the Trade Marks Office. It is important to seek legal advice to determine whether to file an opposition and to prepare and submit the relevant documents.

Trade mark disputes can also arise through letters of demand also known as “cease and desist” letters.

For example, a trade mark owner may send a letter alleging that another party is infringing their trade mark rights. In this situation, it is important to seek legal advice to determine whether the allegations have merit and to respond appropriately to the letter. It may be necessary to take legal action to protect or enforce trade mark rights. If a threatening trade mark letter is sent when you don’t really have rights, they can then allege that you engaged in unjustified threats which in itself is a legal problem.

In some cases, trade mark disputes can escalate to court proceedings. For example, a trade mark owner may commence legal proceedings alleging trade mark infringement or passing off. These disputes can be time-consuming and expensive, so it is important to seek legal advice early to determine the best course of action.

We can:

• Conduct trade mark searches to identify potential conflicts before filing an application for a trade mark registration.
• File oppositions if you wish to prevent the registration of a trade mark that conflicts with yours.
• Respond to letters alleging trade mark infringement and negotiate a settlement if necessary.
• Commence legal proceedings so that you can enforce their trade mark rights.
• Negotiate and draft settlement agreements to resolve trade mark disputes outside of court.

We can help you tackle complex legal issues and develop effective strategies for resolving disputes in an efficient and cost-effective manner.