The owner of Chocolate at No.5 business, Ms Peck, has been trading, spent time on reading the Trademark information provided by IP Australia. She thought it looked easy enough to do it herself. So she paid to Lodge a Trademark Application without representation by a Trademark Lawyer or Trademark Attorney.
Her Trademark Application actually alerted French based CHANEL’s Trademark Lawyers to the SA Chocolate at No.5 business. She withdrew her accepted Trademark Application per the demands made by CHANEL’s trademark lawyers.
Ms Peck is now out of pocket for the wasted trademark registrations, legal expense and wasted nearly a year in time applying only resulting in a stressful outcome to resolve. No body likes receiving a Cease and Desist letter threatening legal action. Even worse, she may have actually been sued in the courts, without warning.
LESSON
Don’t cut corners and think you can do the legals yourself. It could end up costly for you, or even wind you up in the Federal Court if the Trademark Owner wants damages and compensation. Trademark Applications can ALERT competitors.
So we recommend you “look before you leap”, by engaging a Trademark Lawyer to investigate your proposed brand name before you commence trading or investing in signage, etc.
Our Trademark Attorney Firm regularly conducts Trademark Searches for brands, logos, slogans, business and company names.
We predict longer term issues within 1-2 weeks. We can even determine if your trademark application provides limited or broad cover.
BE REPRESENTED
To get started, fill out this form so we can help you avoid being threatened by Trademark Lawyers representing a competitor.
DID YOU KNOW?
Think you need not worry because IP Australia accepted your Trademark? Think again.
If you were never entitled and should never have been registered a Trademark, competitors can take the matter to Court and have the Trademark Registration looked at again, and then removed to claim compensation.
