It is important to protect yourself from any trademark infringement upon successfully getting your trademark registered. If you are unsure about the trademark registration process, you can read about how to get a trademark here.
It is important to speak with a qualified lawyer before beginning legal action for trademark infringement. The first step in establishing legal standing is to prove that your intellectual property rights subsist in law.
Your rights in the trademark will exist if:
- Your trademark is still in force; and
- You are the owner or entitled to act on behalf of the owner of the trademark.
Proving Your Trademark is Still in Force
In respect of whether your mark is still in force, you need to be conscious of how long trademarks last. Under Australian law, trademarks are active for ten years from the date they have been filed. This means trademarks need to be renewed with IP Australia before the due date to stay in force.
Trademarks which have expired or have been removed for non-use will lose their effectiveness. A trademark will be removed for non-use when it is not actively used. Anyone can oppose the activeness of your trademark by making an application to IP Australia. The notion behind the non-use policy is to deter people or companies from registering trademarks for the sole purpose of hoarding them away from competitors who may make active use of them.
If you have moved houses or changed your address since your trademark registration date, and not updated your details with IP Australia, there is a risk that your trademark has become expired. You may have missed your renewal date, or missed your opportunity to respond to a non-use application. If this is the case, get in touch with LegalVision’s trademark lawyers who will be able to assist you.