A trade mark dispute arises where one party is alleged to be using a trade mark of another party in a way that infringes the other party’s exclusive rights provided by the trade mark.
Typically, a trade mark dispute will be initiated by a letter of demand from one party alleging trade mark infringement by the other party.
You could be involved in a trade mark dispute where;
- your trade mark is being used by a competitor without your consent; or
- you are being accused by a competitor of using their trade mark.
Knowing your legal rights is essential in a trade mark dispute. The strength of your legal case will assist you in deciding what action to take. Acting early can avoid having to initiate or defend unnecessary litigation, where damages and legal fees can be costly.
As a specialist, McIntosh IP can provide you with a prompt well-considered legal advice as to your case. McIntosh IP provides advice in trade mark disputes, as well as assistance in dispute resolution and trade mark litigation.