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Infringement 101

Trade mark infringement

Understand what is, and is not, considered trade mark infringement.

Infringement 101

Addressing overseas infringement

Helpful information about addressing overseas intellectual property infringement. 

Infringement 101

What is IP infringement?

eCommerce platform

Oppose an IP infringement notice from an online marketplace

Dispute an action that an eCommerce platform has taken against you.
Estimated cost:
  Free
Estimated effort:
  Hours to days
Rate of resolution:
  Variable 

International disputes

Considerations when responding to international accusations

Find the right assistance for responding to accusations of IP infringement happening outside of Australia.
 

Design certification

Request IP Australia confirms a registered design is valid

Request IP Australia examines and certifies a registered design to secure full protection.
Estimated cost:
  $500  
Estimated effort:
  Hours (to request)
Rate of resolution:
  Approximately 20% of designs are certified 

Trade mark non-use action

Request IP Australia remove an unused trade mark to defend your right

Request IP Australia removes an unused trade mark from the register.
Estimated cost:
  $350
Estimated effort:
  Days (to file)
Rate of resolution:
  Approx. 1,200 applications made to IP Australia per year

Opposition process

Challenge the registration of a new trade mark to defend your right

Oppose a trade mark you’re accused of infringing before it becomes registered.
Estimated cost:
  $650+, plus legal fees
Estimated effort:
  Months to years
Rate of resolution:
  1-3% of trade marks are opposed

Negotiation

Reach an agreement with the accusing party

Negotiate a mutually acceptable commercial or financial resolution.
Estimated cost:
  Variable legal fees
Estimated effort:
  Days to weeks
Rate of resolution:
  Over 90% of commercial disputes settle outside court or arbitration