- Trade marks
- Plant breeder's rights
- Understanding IP
- IP infringement
Sending a letter of demand is often the first step taken by an owner of IP rights when they suspect a person or business is infringing.
An effective letter of demand will:
In most cases it isn’t a strict legal requirement to send a letter of demand. However, sometimes it may be needed to fulfil contractual obligations.
In some cases a letter of demand might not be the right option. It may give the infringer time to hide or destroy evidence and prejudice your case against them. In these circumstances you might consider going to court without giving notice.
Before you take any action you should consider getting legal advice specific to your situation. It is important to know what rights you have, what remedies are open to you, and the cost and likelihood of success.
Proving infringement is an important issue that should be considered before taking legal action. Making an unfounded claim of IP infringement is legally prohibited and can result in liability for damages.
Trade mark basics
Find out what a trade mark is and learn about the differences between a trade mark and a design right, business name or domain name.
Types of trade marks
A trade mark is not limited to being a corporate logo. It could also be a jingle, your business name painted on the side of your truck or even a scent.
Benefits of a trade mark
A trade mark can be your most valuable marketing tool. It is your business identity that helps you promote your products or services.
The examination process is where we check your application to make sure it contains all the correct information and meets legislative requirements.
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