Summary
- A possible trade mark conflict before launch is a red flag — don’t ignore it.
- Assess how similar the marks are, and whether your goods/services overlap.
- You could face legal action, including opposition, infringement claims, or forced rebranding.
- Get a legal opinion — some “conflicts” may be low-risk or manageable.
- In some countries, such as Australia, both registered and unregistered trade marks can cause legal issues.
- Your next steps depend on the risk associated with using the brand, market plans, and willingness to adapt your brand.
Why You Shouldn’t Ignore a Trade Mark Conflict
You’re gearing up to launch, your logo’s polished, the website’s ready, and your marketing materials are finalised — then you find it: a registered trade mark (or business name) that looks dangerously close to yours!
It’s tempting to push ahead anyway. After all, what are the chances they’ll notice, right?
Unfortunately, launching a business with a potentially infringing brand can:
- Derail your launch with a cease and desist letter.
- Lead to costly rebranding and confusion among your customers.
- Result in a trade mark opposition if your application is pending.
- Expose you to a court injunction or damages claim if the other party sues.
What Counts as a “Problem” Trade Mark?
This depends on:
- How similar the marks are (visually, phonetically, conceptually).
- Whether your goods/services fall into the same or related classes.
- If the existing brand has a strong reputation or market presence.
- Whether your intended use overlaps in the same geographic region.
A slight similarity in an unrelated industry may not be fatal to your brand however, a similar name in the same commercial space — even with different spelling — could trigger a dispute.
What Should You Do If You Find a Conflict?
1. Don’t Launch Yet – Putting your brand out there could trigger legal attention, especially if you’re entering a market where the other party is already active.
2. Get a Professional Legal Opinion IP lawyers can:
- Assess the risk of confusion or legal action.
- Compare trade mark classes and use cases.
- Recommend paths forward (rebrand, coexist, or proceed with caution).
3. Consider These Options
- Coexistence agreement – If the marks can co-exist peacefully, a formal agreement can define boundaries.
- Rebrand early – Easier now than after building customer recognition.
- Negotiate or buy – In some cases, you can acquire the mark or licence it.
Launch Smart: Avoiding Long-Term Costs
Taking the time to resolve trade mark issues before launching can save you thousands in legal and branding costs and can prevent customer confusion or reputational damage. Give your brand a clean, defensible foundation to grow both in Australia and internationally.
Final Thoughts
Finding a potential trade mark conflict doesn’t always mean you need to abandon your plans, however, it does mean you need to proceed carefully. The cost of ignoring it can far outweigh the delay of resolving it now.
When in doubt, seek expert advice from one our IP lawyers and trade mark attorneys. It could be the difference between building a strong brand — or having to rebuild one.