Imagine scrolling through social media or doing a routine Google search, only to discover someone in Australia is using your brand name—or something confusingly close to it. Whether it’s on packaging, in a business name, or as a domain, your heart sinks.
Before panic sets in, take a breath.
Brand misuse or infringement can feel personal and threatening—but with the right steps, you can respond strategically and protect your rights. At brandU Legal, we help businesses globally take swift, smart action when their trade marks are at risk especially in jurisdictions like Australia with well-established IP enforcement pathways.
Here are your first 5 steps if someone’s using your brand name in Australia:
1. Confirm the Infringement (Don’t Assume Malice)
First, gather the facts. Not all similar uses are actual infringement.
Check:
- Is the name identical or deceptively similar?
- Is it used in the same industry or for similar goods/services?
- Could consumers reasonably confuse the two brands?
Australia uses a “likelihood of confusion” test in trade mark law. So if the other party is in a completely different field, it may not be an actionable issue—but still worth keeping an eye on.
Pro tip: Take screenshots, save URLs, and note dates. Documentation matters.
2. Check Your Trade Mark Rights in Australia
Do you have a registered trade mark in Australia through IP Australia? Or did you file via the Madrid Protocol designating Australia?
- If yes: You have strong legal grounds to enforce your rights.
- If no: You may still have options under common law through “passing off” or Australian Consumer Law, but enforcement will be more complex.
This is where our international trade mark expertise at brandU Legal becomes vital—we help businesses assess their IP standing, even across borders.
3. Search for the Infringer’s IP Status
Look up the alleged infringer’s business name, trade mark filings, and domain ownership:
- IP Australia’s database can show if they’ve applied for or registered a mark.
- ASIC (Australian Securities and Investments Commission) can confirm if they’ve registered a business or company under that name.
- Whois lookup tools reveal domain registrant info.
Understanding their legal position helps you anticipate their defense and build your response strategy.
4. Don’t Go Straight to War—Send a Smart Cease & Desist (or Consider Other Options)
A well-drafted cease and desist letter is often the first step in resolving IP conflicts. But tone and timing matter. A letter that is overly aggressive or poorly reasoned can escalate the situation unnecessarily.
At brandU Legal, we don’t believe in generic threats. We send tailored legal notices that:
- Clearly outline your rights
- Demand action within a reasonable timeframe
- Leave room for amicable resolution—but hold weight for legal follow-up
Sometimes, a phone call or settlement discussion might serve your interests better than litigation. In other cases, quick legal escalation is necessary. We’ll help you decide.
5. Develop a Proactive IP Strategy Moving Forward
Even after resolving the issue, it’s time to think long-term. This situation may have exposed vulnerabilities in your IP protection plan.
Ask yourself:
- Do I need to register my trade mark in more countries?
- Is my brand architecture (sub-brands, logos, product names) fully protected?
- Am I monitoring brand usage online and offline?
Australia’s market is sophisticated, and enforcement is robust—but only if your IP rights are in place and up to date. We can conduct a global IP audit and help you close any gaps before they become threats.
Final Thoughts: Don’t React Emotionally—Respond Strategically
Brand misuse is frustrating—but you’re not powerless. With the right legal strategy, most cases can be resolved efficiently and favorably.
At brandU Legal, we specialize in strategic IP advice and cross-border trade mark enforcement. We’ve handled infringements in Australia and across jurisdictions—and we know how to strike the balance between assertive action and smart resolution.
Someone’s using your brand name? Let’s fix that.