We are open through the Christmas period.
Stay connected with Navado:

Buying or selling a residential property?

With our Residential Conveyancing Offer, we offer fixed fees of $1650 (plus disbursements) for your purchase or sale. Conditions apply. | See more …

Have you been charged with a criminal or traffic offence?

We offer fixed fees from $1100 for one of our Lawyers to appear on one day at any Local Court in Sydney. Conditions apply. | See more …

Buying a property and need a home loan?

Our experienced Brokers can help you compare interest rates and home loans, at no cost to you in the comfort of your own home. | See more …

Do you need to lodge your personal Tax Return?

Our Public Accountants & Tax Agents charge a flat fee of $143 for your Individual salary or income tax returns. Conditions apply. | See more …

Secure your financial future. Plan today, enjoy tomorrow.

Create wealth. Minimise tax. Structured tailored solutions. Arrange a free consultation with a Financial Advisor today. Conditions apply. | See more …

You don't have a will? Don’t leave it until it’s too late...

We can help. Our lawyers will obtain an understanding of your situation and complete your simple will for $330. Conditions apply. | See more …

Conveyancing & Will Offer

Fixed fees of $1870 (plus disbursements) for the sale or purchase of residential property & a simple will. Conditions apply. | See more …

Are you thinking of setting up a Company?

For a fixed fee of $550 plus disbursements, our Public Accountants can help you complete the puzzle of Company Registration. | See more …

Going to Court? Strategy is key.

You may feel like you are all alone and that the odds are against you. Speak to one of our experienced Litigation Solicitors. | See more …

Get the right legal advice for your business.

When it comes to your business, precision is key. Speak to one of our experienced Business & Commercial Law Solicitors. | See more …

Do you have a civil or commercial dispute?

Our Litigation Lawyers focus on delivering cost effective, strategic solutions to your legal dispute. | See more …

What are your legal rights? Do you know where you stand?

Don’t feel discouraged. We can help. For an agreed fixed fee, we can provide you with a preliminary legal opinion. | See more …

Are you considering setting up a Trust?

For a fixed fee of $880 plus Disbursements, our Public Accountants can help you establish a Discretionary, Family, Hybrid or Unit Trusts. | See more …

Are you thinking of setting up an SMSF?

For a fixed fee of $550 plus disbursements, our Public Accountants can help you register your SMSF. Conditions apply. | See more …

Are you thinking of setting up a Business and Company?

For a fixed fee of $825 plus disbursements, our Public Accountants can help you register your Business & Company. Conditions apply. | See more …

Have you considered seeking Estate Planning legal advice?

We offer a special package of $990.00 including GST, for a simple Will, Power of Attorney and Enduring Guardianship. Conditons Apply. | See more …

Become a Navado Private client

Navado Legal & Financial Group can provide a total synergistic legal and financial solution tailored to your circumstances. | See more …


Legal > Civil & Commercial Litigation

Trademark Disputes:

Overview FAQs Articles Locations

Trademarks must first be distinguished from other areas of intellectual property litigation, such as copyrights and patents. These are all areas of sometime heated litigation because of the asset value of each of these for a successful business.

A trade mark is a symbol, logo, visual device, word, phrase or some combination of the foregoing. This usually relates to a product. A service mark is the same as a trademark but relates to the provision of services. In Australian law, a commercial enterprise that conduct a business for the provision of goods and/or services will use what is known as a trademark to distinguish its goodwill against competitors. Good will is the reputation of the business as well as its recognition among the market. Copyrights, on the other hand, are assertions of ownership over the authorship of a work, which is recorded in some tangible medium, and patents are usually granted to inventors of machines, processes, manufacturing systems or the composition of a substance or matter.

Trademarks are often (but not always) connected to some commercial enterprise, project or endeavour and therefore any determination of trademark disputes may rely on either:

  • Priority disputes between users of trademarks, either in terms of the priority of time or the magnitude and prevalence of use; and/or
  • Contractual provisions for the use of trademarks, which are often contained in franchise agreements and/or license agreements.

Negotiated resolutions are certainly possible and these can often take the form of Deeds of Agreement between disputing parties, where each promises to use a trademark in a particular way, either by limiting its use geographically or in terms of the good or service provided to the market. As litigation is expensive and time consuming, it can take a severe toll on the health of a business using the disputed trademark. The trademark litigation team at Navado takes these things into consideration and where appropriate and possible, seeks to resolve the conflict through processes which aim to arrive at a mutually agreeable resolution before litigation is contemplated. This does not however mean that preparation for litigation should not be undertaken.

The resources used by the commercial litigation team at Navado are integrated with the resources used by the civil litigation team. The effect of this is that a civil litigation solicitor who may be dealing with a case with a commercial aspect will be able to quickly identify that aspect and consider it in the legal advice provided to the client. Likewise the commercial litigation lawyer will also be in a position where the synergistic organisation of the litigation lawyers will increase efficiency and overall attention to the detail of each case. Damages can be sought for infringement of trademarks and where a case is a complex one, multiple heads may be available to prosecute under. Similarly, a defendant may be able to defend against a claim while cross-claiming against his accuser. A diverse litigation team, with trademarks experience but also general commercial litigation and civil litigation experience, working in co-operation with each other, can become a formidable weapon when resolving disputes either in negotiated settlements or court proceedings.

If you require assistance with a trademark disputes matter, you may wish to contact our office and make an appointment to see one of our solicitors in our Sydney office. By appointment, we can also make a time for you to see one of our lawyers in one of our branch offices.

Bookmark and Share

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

Sorry, but no Articles are available at this time.

Sorry, but no FAQs are available at this time.

If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:

  • Sydney
  • Parramatta
  • Chatswood
  • Hurstville

Our Locations

  • Civil Lawyer Sydney
  • Commercial Lawyer Sydney
  • Civil Lawyer Parramatta
  • Commercial Lawyer Parramatta
  • Civil Lawyer North Sydney
  • Commercial Lawyer North Sydney
  • Civil Lawyer Hurstville
  • Commercial Lawyer Hurstville
  • Civil Lawyer Liverpool
  • Commercial Lawyer Liverpool
  • Civil Lawyer Gordon
  • Commercial Lawyer Gordon
  • Civil Lawyer Baulkham Hills
  • Commercial Lawyer Baulkham Hills
  • Civil Lawyer Campbelltown
  • Commercial Lawyer Campbelltown
  • Civil Lawyer Bondi Junction
  • Commercial Lawyer Bondi Junction
  • Civil Lawyer Chatswood
  • Commercial Lawyer Chatswood
  • Civil Lawyer Miranda
  • Commercial Lawyer Miranda
  • Civil Lawyer Bella Vista
  • Commercial Lawyer Bella Vista
  • Civil Lawyer Erina
  • Commercial Lawyer Erina
Quick enquiry
  • Request an appointment

Where to find us?

Sydney (Head Office)
Level 10, 309 Pitt Street.

Level 9, 33 Argyle Street.

Level 1, 10 Help Street.

Ground Floor, 5 Railway Parade.

In NSW, Interstate or International?
Initial Consultations are available by Skype or Tele-Conference.

Stay connected
Ask an expert