{"id":5656,"date":"2021-07-27T15:47:34","date_gmt":"2021-07-27T05:47:34","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=5656"},"modified":"2022-01-18T09:47:07","modified_gmt":"2022-01-17T23:47:07","slug":"examples-of-trade-mark-infringement","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/information\/examples-of-trade-mark-infringement\/","title":{"rendered":"3 Examples of Trade Mark Infringement"},"content":{"rendered":"\n

Your intellectual property (IP) is the most important aspect of your business. No matter how big or small your business is, you must protect your IP. This will protect your business and its value. This means it is also equally important to avoid infringing<\/a> on someone else’s trade mark. To avoid doing so, you must know what constitutes trade mark infringement. This article will take you through three common examples of behaviour that constitutes trade mark infringement.<\/p>\n\n\n\n

1. Your Trade Mark Is Identical or Deceptively Similar <\/h2>\n\n\n\n

Trade mark infringement may occur if you are using a trade mark that is deceptively similar or identical to another business\u2019 trade mark. This is particularly important if the trade mark belongs to a similar category of goods or services. When registering a trade mark, you will need to decide which goods or services category you intend to use your trade mark for. There is a list of 45 classes<\/a> to choose from, each with relevant sub-classes to make it easier for you to decide where your good or service fits. Your trade mark registration will give you exclusive rights to use your trade mark in connection with the goods or services category you choose.<\/p>\n\n\n\n

The purpose of a trade mark is to allow for distinctive branding<\/a>, making it essential that no two trade marks are identical or similar enough to confuse. <\/p>\n\n\n\n

For example, in 2016, the Australian burger chain \u2018Down-N-Out\u2019 was established. It had similar features to the American regional burger chain \u2018In-N-Out Burger\u2019. After a lengthy legal battle, the Australian business lost its case. The High Court found that the Australian business was trying to pass off its brand as affiliated with In-N-Out. This constitutes trade mark infringement.<\/p><\/blockquote>\n\n\n\n

Having an identical or similar trade mark to that of another business goes against the very nature of trade marks, making it important that you ensure your trade mark is unique. <\/p>\n\n\n\n

2. Your Trade Mark Is Too Similar to a Trade Mark in a Similar Class<\/h2>\n\n\n\n

Identical or deceptively similar trade marks in the same class generally constitute infringement. Similar to the above, there is the potential for trade mark infringement to occur if the trade mark is identical or similar to another trade mark in a similar or related<\/em> category of goods or services. Several factors are taken into account when determining whether categories of goods or services are similar enough. This includes considering:<\/p>\n\n\n\n