You’ve developed your trademark, thought about the design, considered how your trademark can promote your business and finally received confirmation that your trademark is registered. It’s a great feeling!
Your trademark is valuable to your business. Customers recognise and connect your business with your trademark.
For this reason, protecting your trademark after it is registered is vital in preventing its value from diminishing.
The value of your trademark may diminish if a competitor’s trademark is substantially identical or deceptively similar to your trademark.
The use of similar trademarks by competitors may result in your trademark not being as easily distinguishable in the industry or in customers becoming confused about which company is associated with the trademark.
If this happens, you may lose your market edge and the promotion of your brand and business may suffer.
What Can You Do to Protect Your Trademark?
If a competitor applies to register a trademark that is substantially identical or deceptively similar to your trademark there is a limited window in which you can oppose the registration of the trademark.
The window starts with the advertisement of the trademark in the Australian Official Journal of Trade Marks and ends two months later.
To oppose the registration of the trademark, you will need to file a notice of opposition during this window.
As this window is short, it is important to check the Australian Official Journal of Trade Marks regularly.
If your trademark right is being infringed by the use of an unregistered trademark that is substantially identical or deceptively similar to your registered trademark, you may be able to commence an action for infringement.
Note: there are exceptions to commencing an action, for example, if the user of the similar ...