Home – New Forums Starting your journey If a trademark exists overseas but isn’t registered here should you still use it? Reply To: If a trademark exists overseas but isn’t registered here should you still use it?

#1080721
Mumnesia
Member
  • Total posts: 37
Up
0
::

Prior trading rights will stand up in court if it is contested.
My mother had made a product long before I was even born, but never legally protected her design. After she passed away, I continued to produce it alongside of my own product as it was complimentary.
I was hit with an ‘Infringement of Copyright’ last year by a company who registered & trademarked the design in 2001.
I had noticed the company a few years ago and was angry as it was a direct copy of my mothers. I mistakenly thought that since they registered the design, I could do nothing.
Thankfully we had a snap happy dad and kids, the photographic evidence over the years was enough for the court to favour our prior trading rights. The other company’s registration was to be revoked, but we settled on royalties to my family instead so they could keep their business.
Personally I wouldn’t put such a limitation on a business thinking it might only ever be Australian based, you might just never know where it can lead.
I never would have thought in my wildest dreams that my own product would be sold overseas when I first started, but it is now.
Your business sounds interesting and wish you all the best of luck