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Trade Marks Maintaining
your Registered Trade Mark
Maintaining your registered trade mark
Infringement
Generic
Use
Use
it or lose it!
Objecting
to importation of goods
Infringement
It is your responsibility to protect your trade mark. If someone uses your
trade mark without your permission, they may be infringing your trade mark and
you should seek legal advice as soon as possible.
Infringement of trade marks on the internet
Doing business over the internet has significant implications for owners of
trade marks registered in Australia, because of the possibility of inadvertent
infringement of trade marks registered in other countries. Many trade mark owners
do not realise when they begin trading over the internet that they are entering
a global marketplace. Registration of a trade mark in Australia does not give
protection from possible infringement of a similar mark overseas. If you offer
goods for sale via the internet into a country where someone owns the trade
mark, you may be sued for infringement.
Trade mark owners need to be aware of the potential risks they face when trading
over the internet. You should seek legal advice on the best ways you can avoid
or minimise those risks. Most importantly, you should seek legal advice if you
receive notice from an overseas trade mark owner alleging that you are infringing
their trade mark via the internet.
Trade mark owners contemplating trading over the internet should also consider
the potential benefits for their business of applying for registration of their
trade mark overseas using the Madrid Protocol.
Generic Use
Once registered, it is important to ensure that your trade mark continues to be
regarded as a trade mark. If your trade mark becomes known as the generic name
for your goods or services and ceases to be recognised as a trade mark, an application
to the courts to have the registration cancelled may be successful.
Use it or lose it!
Don't risk losing your trade mark rights on grounds of non-use!
Use your trade mark in a bona fide way or risk making your trade mark vulnerable
to removal on the grounds of non-use.
If your trade mark has not been used by you, or on behalf of you, for a period
of 3 years, an application for removal from the Trade Marks Register can be
made.
Usually, this is initiated by an applicant whose registration is being held
up by the registered trade mark.
Objecting to importation of goods
You can give notice to the Australian Customs Service, objecting to the importation
of goods which infringe your trade mark.
For more information please contact the Australian
Customs Service.
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