Belinda Sigismundi

Our client discovered a trade mark had been accepted by IP Australia which was deceptively similar to their own brand. Belinda researched the mark and identified the other company had previously traded under another name, which was acceptable to our client. Rather than oppose the conflicting trade mark immediately, Belinda approached the other company requesting they revert back to their previous name, withdraw the trade mark application and cease all use of the conflicting name. Her strategy was successful and the other party agreed to make all changes. Belinda resolved this matter within a few weeks, and avoided costly and protracted opposition and trade mark infringement proceedings for our client.

The client is a major provider of plumbing and bathware supplies in Australia. Belinda’s team discovered a company in Western Australia had secured a business name which was the same as our client’s registered trade mark. Further investigations revealed the WA company was also using an almost identical logo to our client’s registered trade mark on the external façade of its retail premises. Belinda’s team issued a strong letter of demand to the WA company requesting they immediately cease using the conflicting mark by rebranding their business and assigning the business name to our client. Her proactive approach resulted in a great outcome for the client, with the WA company accepting all requests, including transferring the business name to our client. The overall outcome for our client was certainty in its name and avoidance of lengthy and costly trade mark infringement proceedings through the Courts.