Trademark

What is a Trademark?

A trademark protects distinctive signs that identify and distinguish the goods or services of one business from those of others. This can include brand names, logos, slogans, shapes, colours, and even sounds. Trademarks give owners exclusive rights to use their marks in connection with specific goods or services, helping to prevent confusion and safeguard brand reputation. 

Once registered, a trademark gives the owner the exclusive right to:

• Use the mark in relation to the registered goods or services;
• Authorise others to use the mark;
• Prevent unauthorised use by others;
• Take legal action against any infringement; and
• Sell or assign the mark.

What is Trademark Infringement?

Trademark infringement occurs when a party, without the owner’s permission, uses a sign that is identical or confusingly similar to a trademark in relation to goods or services that are identical or similar to those for which the trademark is registered. This can include:

• Direct copying of the mark;
• Using a similar mark that causes confusion;
• Applying the mark to goods, packaging, or advertising; or
• Importing or selling goods bearing the infringing mark.

What are the Remedies for Trademark Infringement?

Courts may grant injunctions to stop the infringing activity, order the delivery up or destruction of infringing goods, and award damages or an account of profits to compensate for any financial loss suffered by the trademark owner. The infringer may also be required to pay the legal costs incurred by the owner in bringing the claim. 

What are the Defences to Trademark Infringement?

There are various defences that a party can assert if accused of trademark infringement. The most significant include:

• Use of the mark for descriptive purposes (e.g., indicating the kind, quality, or intended purpose of the goods or services);
• Honest concurrent use of the mark without causing any confusion;
• Use for the purposes of parody, criticism, or review; and
• The trademark is invalid or has not been used for a continuous period. 

How can Samuels help?

If infringement has taken place, it is important to act quickly to protect your trademark. Our experienced team can assist by preparing formal letters of claim to demand that any infringement ceases, apply for injunctions to stop ongoing infringement, and pursue claims for damages to recover losses. 

If you have been accused of infringement, our team can assist by preparing a letter of response, engaging in settlement discussions, and defending any court proceedings. 

Contact us today for a free initial discussion about how we can help.