Ancillary Services

Trademark infringement

MacMillan Trademarks offers legal assistance in all matters of trademark infringement.

Your trademark registration means you alone have the sole right to use or license your trademark as you see fit.

Unfortunately, with the proliferation of the world wide web, trademark infringement is becoming a common day occurrence.

Infringement of a registered trademark occurs where another party, without the consent of the owner, uses a trademark the same or similar to that registered trademark for similar goods or services.

What can you do about trademark infringement?

If you believe someone is infringing on your trademark, MacMillan Trademarks can act to resolve the matter for you. In many instances we are able to resolve the dispute before court proceedings are required, providing a simpler and cheaper alternative to you.

In any infringement matter time is of the essence and we recommend taking swift action.

Whether the infringement occurs in your own country or overseas, we can protect your rights and your trademark’s integrity.

To find out more about enforcing your trademark, contact MacMillan Trademarks.

Proceedings before the trademark office – Trademark opposition

A trademark opposition is heard before the Australian Trade Mark Office, where one party believes there is a conflict or dispute over the rights to a trademark. A notice to oppose a trademark must be filed within a specific time from advertisement of the trademark application. The Notice to Oppose is followed by the filing of a Statement of Grounds outlining the relevant sections of the Trade Marks Act 1995.

Prosecuting a trademark opposition

Whether you want to oppose a registered trademark, or someone is filing a notice to oppose against you, MacMillan Trademarks can help.

We have years of experience in dealing with trademark opposition proceedings in a quick and efficient manner to ensure costs are kept to a minimum.

We act for you throughout the entire process and provide details on actions required to ensure your trademark rights are protected.

New laws introduced in Australia in 2013 have streamlined the trademark opposition process, meaning time is of utmost importance in any opposition matter.

If you need help relating to trademark opposition, contact MacMillan Trademarks.

Proceedings before the trademark office – Trademark removal for non-use

The Trade Mark Act 1995 outlines a number of instances where a trademark may be removed or the goods and services covered limited.

A trademark opposition is heard before the Australian Trade Mark Office and involves a number of complex procedures.

We have a wealth of experience in prosecuting trademark removal proceedings before the trademark office, can act for you throughout the entire process, and are always available for advice on the actions required.

Australian and international trademark management

We take a comprehensive approach to your brand management and as part of our services we are capable of managing your trademark rights to ensure they do not lapse. Managing your IP involves monitoring renewal and other deadlines to ensure your rights are maintained. We have a customised computer system dedicated to ensure your rights are maintained and can be your single point of contact to assist in the management of your rights in Australia and every country of the world.

Australian and international trademark monitoring

Once we have protected your brands, we may implement our IP monitoring service, where monitoring on the trademark and other registers is undertaken to ensure you are aware of any other potentially identical or similar trademarks being applied for that could diminish your established rights.

Where appropriate we can prepare a notice of opposition and undertake the proceeding before the trademark office to prevent registration of another trademark.

Australian trademark investigations

There are a number of instances where a trademark investigation is required to ascertain the use, or extent of use (or other aspect) of another party’s trademarks. We have substantial experience in conducting sufficient marketplace investigations so we may provide a clear report in line with the relevant provisions of the Australian Trade Marks Act 1995.

Other trademark formalities

We also undertake a range of other associated trademark services, such as:

  • Recording of assignments
  • Change of names and address for applicants
  • Prosecuting letters of consent matters

Trademarks is what we do, so to find out more about our trademark services contact us today.

Australia Trademark

We manage the trademark portfolio’s for over a wide range of clients from all over the world, from small business to multi-national organisations.

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New Zealand Trademark

We manage the trademark portfolio’s for over a wide range of clients from all over the world, from small business to multi-national organisations.

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International Trademarks

We manage the trademark portfolio’s for over a wide range of clients from all over the world, from small business to multi-national organisations.

Read more