Legal Issues in Trademarks and How to Avoid Them

1. Avoid Legal Issue For Trademarking

2. At times, trademark legal issues, such as identical advertising, similar-sounding product names, and comparable goods and services might arise that could result in legal implications – this must be avoided given the huge cost factor/effort involved in legal proceedings. It is imperative for businesses to remain vigilant against any trademark legal issues and must strive to avoid them at all costs. At times, trademark legal issues, such as identical advertising, similar-sounding product names, and comparable goods and services might arise that could result in legal implications – this must be avoided given the huge cost factor/effort involved in legal proceedings. It is imperative for businesses to remain vigilant against any trademark legal issues and must strive to avoid them at all costs.

3. Reasons behind Legal Issues related to Trademarks 1. Trademarks similar to Designation of Origin: Legal issues in trademarks often arise when a trademark applied for, or being used, is identical or similar to a Designation of Origin mark. As per the law, any trademark that is similar to a Designation of Origin mark cannot be registered or used.

4. 2. Two companies using similar marks for same products/services: Using an identical mark on the same product would constitute infringement. For instance, if a new company manufactures and sells computers under the trademark “Apple,” it will most likely cause confusion since consumers will be led to believe that Apple Inc. is selling those computers. If the marks are similar enough in sound, look, or meaning, using a very similar mark on the same goods can easily lead to an infringement claim.

5. 3. Strength of the plaintiff’s mark: The plaintiff’s trademark indicates that the products or services come from a specific source, which is an important point to examine when considering whether the defendant’s trademark is likely to cause confusion with the plaintiff’s mark. Suppose the parties are not direct competitors, but their goods or services are related. In that case, numerous other considerations come into play in calculating the possibility of confusion.

6. 4. Likelihood of confusion: When trademarks and the goods and/or services for which they are used are similar, people may mistakenly believe they come from the same source. When two or more trademarks sound similar, are visually similar, and convey the same general commercial impression, they may confuse consumers.

7. 5. The degree of care: The reason for this higher degree of care is that an average consumer buys an expensive item less frequently. Under these circumstances, the courts require a more substantial showing of similarity to justify a claim of likelihood of confusion. In the case of inexpensive items, the buyer may not exercise a high degree of care.

8. Ways to Reduce Legal Issues in Trademarks Register your Trademark: Trademark rights allow you to prevent others from using your trademarks to sell products or services. All businesses must register their trademarks well in time to avoid any complications in future. Conduct a Trademark Search: Before registering or filing a mark, it is essential to do complete research of the trademark on a trademark database to find out any existing similar or confusingly similar marks. Monitor your Trademark: Once the trademark is registered, the trademark owners need to keep a close check on the confusingly similar marks that are possibly being filed and take timely action against them.

9. Why should I hire a trademark attorney in Australia? Applying for a trademark with IP Australia may seem like a fairly easy process at the outset. However, one single error can have your application rejected straightaway.

10. With trademarking lawyers by your side, one can readily do away with common mistakes and mitigate the chances of their application being rejected on silly grounds. A trademark attorney in Australia understands the grounds of objection against your trademark and can respond convincingly. Also, the attorney can attend court hearings if need be, and keep a vigil on any third-party markings that might bear a resemblance.

11. Identifying the right protection – Working without the help of a trademark attorney means you will have to rely on online resources to help identify your protection rights. Such services are only half-baked and can never match the expertise of a dedicated trademark attorney spending considerable time in understanding your brand value and taking necessary action.

12. Enhancing your chance of approval – Have you ever wondered why some businesses get their trademark approved at one go? It's all about comprehensive research. Trademarking lawyers have access to functional software that helps them find the right alley on trademark resemblances and thereby suggest alterations to your design for a unique application.

13. Correct drafting of goods and services description – When It comes to legal stuff, the language plays a rather important role. A seasoned trademark attorney in Australia works in liaison with public officials to come up with a fitting strategy and language to avoid overlapping with other trademarks that are closely resembling. As such, trademarking lawyers can help select the perfect wordings for the description of your goods and services, so that in the long run you are not exposed to any frauds or penalties.

14. Helping to recognize the right class of goods – In Australia, trademark segregation works across 45 classes keeping in line with the guidelines of International Certification of Goods and Services (NICE classification). In total, the classification comprises no less than 80,000 different products. So, one can easily get confused and make a mistake in recognizing the right class for their products, which in turn can be a reason for rejection. With a trademark lawyer in the picture, you will have nothing to worry about.

15. Every organization should be aware of the seriousness of legal issues in trademarks and how they might harm the company’s growth. Many legal problems can arise in the market for a particular product or trademark due to their similarity. To avoid such issues, it is necessary to do a pre-filing test, a systematic search to eliminate similar names, logos, icons, etc. Get in touch now to know about all the intellectual property services offered by IP Partnership.