{"id":6520,"date":"2021-09-01T16:24:20","date_gmt":"2021-09-01T06:24:20","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=6520"},"modified":"2021-09-06T10:34:29","modified_gmt":"2021-09-06T00:34:29","slug":"avoid-trade-mark-dispute","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/information\/avoid-trade-mark-dispute\/","title":{"rendered":"Tips to Avoid Appearing in a Trade Mark Dispute"},"content":{"rendered":"

As a trade mark owner, you would want to do everything within your capacity to <\/span>avoid a trade mark dispute<\/span><\/a> given the time and costs that are typically involved. A trade mark dispute may arise in the instance where someone claims that you have committed trade mark infringement. Alternatively, they may have a reasonable ground to reject your trade mark application. To stay clear of these issues, this article provides different ways you can avoid appearing in these trade mark disputes. <\/span><\/p>\n

Understanding Trade Mark Infringement<\/span><\/h2>\n

Under the <\/span>Trade Marks Act, <\/span><\/i>trade mark infringement<\/span><\/a> arises if you use a sign that is substantially identical with or deceptively similar to another trade mark. Likewise, this trade mark relates to the same goods and services in which the original trade mark is registered. For example, a tech company that manufactures smartphones and uses a half-eaten apple as their logo would likely infringe on the trade mark rights of Apple Inc. <\/span><\/p>\n

However, there are some instances where it is permissible to use a trade mark without committing trade mark infringement. Where a court finds that you have acted in good faith,  using a trade mark without the trade mark owner\u2019s authorisation may be permissible when you: <\/span><\/p>\n