Trademark Searches and Court Risk

TRADEMARK ATTORNEY RESEARCH

You’ll be thankful that you engaged our Trademark Attorney firm to conduct your searches and brand investigation when you see the results.

We make it easy to decide on whether it’s a waste of time investing in a brand. Please fill out our contact form for pricing.

With 25 years trademark searching experience, our Trademark attorneys can help you sleep safely at night knowing there’s no hidden cease and desist letters, or Court action awaiting you.

Businesses typically conduct an Australian trademark search, however around 5% of what our Trademark Attorneys search is covered by an untrained business owner.

Even if a Trademark Application is approved, it is not guaranteed that you are entitled to the trademark registration. This entitlement can be challenged at Court.

Examples of some of the removed Registered Trademark Court cases that we reported on:

The Anchorage Capital Decision
The Clipso VS Clipsal Decision
The Chanel No.5 Chocolate Trademark

Our firm also conducts research on common law trademarks which picks up potential conflicts and is NOT covered by the IP Australia process.

What are the issues?

The other difficulties businesses have are:

• Being trained to search the Australian Trademark Register effectively,
• Ascertaining whether another trademark is conflicting or not,
• Searching for conflicting deceptively similar or phonetic trademarks, and
• Searching overseas registers which may influence rights in Australia.

The largest error when businesses conduct Trademark searches they usually put only the exact word in and it comes up with “0” results.

• What if there are vowel changes?
• Are different trademarks a litigation risk for you?
• What would the Federal Court decide if there was litigation?

You need to understand Trademark laws and Court cases to interpret the Trademark results. Usually there are spelling differences but how do you know it’s enough to get you out of infringement?

Which classes do you search. We often find that people think they only need to search the same class. And how do you determine if another class is relevant?

Even if a business succeeds with gaining Trademark registration, their ownership can be challenged at a future date, or they may be left with the burden of sharing the trademark with a rival. The rival is effectively an unwanted business partner who could harm the reputation of the trademark through mis-use. It is better to know about them upfront than finding out when it is all too late.

Unfortunately we see all too often that a business and even their ownership of a Trademark Registration is challenged and lost. Premium Trademark Lawyer searches substantially reduce the risk of conflict problems and litigation.

Trademark Attorneys conduct comprehensive Trademark Search in Australia and overseas. Our Attorneys provide clear strategical advice on what liabilities exist and in what direction you should proceed. We don’t just present results to you and then have you work out if you are infringing. We go one step further than many others and work out whether there is an infringement problem for you, as part of our service.

The Trademark Office conducts trademark searches routinely, but you do not know if they got it right. A second opinion conducted by a Trademark Lawyer is always worth investing in, to ensure that your business future is problem free.

Ensure your professional trademark lawyer is conducting a comprehensive search. Our trademark attorney searches cover seven databases, not one.

If a favourable trademark search report is generated, then it is time to prepare and lodge a trademark application.

Trademark Attorney Search Benefits

• Is your time and funds being wasted when someone else owns the trademark?
• Will you trading be an infringement of a Registered Trademark?
• Are you going to avoid a losses or damages claim made against you?
• Will the 8 month Trademark Office process will be a waste of time?

What can happen if you trade with a close trademark?

Before you conduct your own trademark searches, please read our trademark blogs where businesses were summoned to the Australian Federal Court. And if you consider you are safe after IP Australia has accepted your trademark application, have a look at, for example, our Dolphin court case summary.

Is your trademark safe when Registered?

Unfortunately, no you are not safe with an Australian Trademark Registration.

A third party can take Court action to have your Trademark Registration cancelled or revoked, and seek compensation based on your profits or damages to their brand.

See this Federal Court case we reported where a number of Trademark Registrations were cancelled years later.

Don’t find out the hard way, when it is too late to turn back.

Use a professional for your trademark search

Trademark searches require substantial experience to not miss important records, legal case knowledge to interpret the results, and experience to work out exactly how close you are.

An Australian Registered Trademark Attorney will determine your trademark risks early, so you don’t endure longer term risks of trademark litigation.

Don’t delay, fill out our Information Pack Request form to get in first to protect your proposed brand.