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Thanks for sharing your experience Nathan,

Should others be along who find themselves in a similar situation:

They didn’t use it, or even trade in Australia, but they had registered it a couple of years before we started trading, just in case they ever wanted to expand internationally. We sought advice, and the answer was basically “live and learn – change your name”.

Whilst each case is different in these situations – it should be noted that in Australia there are actually provisions under Trade Mark Law that can see a trademark being removed if it is not used – and/or – if the owner had no intention in good faith to use it at the time they first filed the application. There’s particular time frames in place as to when a request to remove a mark due to ‘non-use’ can be filed – and possibly was not applicable in Nathan’s situation, but, is worth keeping in mind should you ever receive a letter of demand from a trademark owner who does not appear to actually be using the trademark….