I own a trade mark, it was registered in Australia in 2006, but not overseas. My trademark has been actively used, in Australia and overseas, from 2006 to current day.
I received notification from IP Australia that a new Australian company was attempting to remove my trademark for non use. This new Australian company wants to register their own very similar worded trademark for the same class of goods/services as my own trademark. This new Australian company registered their trademark overseas in 2017 but is unable to currently register it in Australia.
I contacted the company about their non use application. After lengthy correspondence, the company withdrew their non use application. Now the same company is attempting to force coexistence. They are seeking a letter of consent for both trademarks to exist on the register and are threatening another non use application.
Two questions:
1 - Although it is not my preference, I am considering a letter of consent. Would it be reasonable to seek a fee for providing the company a letter of consent, and if so, what would be a reasonable fee for providing a letter of consent?
2 - Does my trademark, registered in Australia but not overseas, but used in Australia and overseas since 2006, have any protection overseas? For instance, can this new Australian company, who registered their trademark overseas in 2017, demand I stop using my trademark unregistered overseas? Does my trademark infringe on their overseas trademark even though my trademark has existed, in unregistered status overseas, since 2006?
Appreciate any advice.
I received notification from IP Australia that a new Australian company was attempting to remove my trademark for non use. This new Australian company wants to register their own very similar worded trademark for the same class of goods/services as my own trademark. This new Australian company registered their trademark overseas in 2017 but is unable to currently register it in Australia.
I contacted the company about their non use application. After lengthy correspondence, the company withdrew their non use application. Now the same company is attempting to force coexistence. They are seeking a letter of consent for both trademarks to exist on the register and are threatening another non use application.
Two questions:
1 - Although it is not my preference, I am considering a letter of consent. Would it be reasonable to seek a fee for providing the company a letter of consent, and if so, what would be a reasonable fee for providing a letter of consent?
2 - Does my trademark, registered in Australia but not overseas, but used in Australia and overseas since 2006, have any protection overseas? For instance, can this new Australian company, who registered their trademark overseas in 2017, demand I stop using my trademark unregistered overseas? Does my trademark infringe on their overseas trademark even though my trademark has existed, in unregistered status overseas, since 2006?
Appreciate any advice.