What happens if my trade mark is already registered by someone else?

A trade mark is a sign used to identify your goods or services and distinguish your brand from others in the marketplace. As such, applying to register your trade mark is an important step in ensuring you can take action if another business copies a feature of your brand.

IP Australia administers the application and registration process for trade marks. Therefore, suppose your trade mark application is deceptively similar or substantially identical to an existing trade mark on the trade marks register. In that case, IP Australia will raise some objections against the newer application. However, you can utilise some strategies to overcome any objections noted by IP Australia.

This article will outline what happens if you have a trade mark that conflicts with a previously filed trade mark.