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QLD Will Product with Australian Trademark be Safe on Amazon?

Discussion in 'Intellectual Property Law Forum' started by HHero, 4 July 2016.

  1. HHero

    HHero Active Member

    4 July 2016
    Likes Received:
    Hi all,

    I have a product which is due to launch onto the Amazon platform. The product itself has a trademark registered in Australia and the business itself is based in Australia but I anticipate a large proportion of sales from the USA. Would I be safe to use my trademark on my product's name based on my Trademark approval in Australia or do I run the risk of breaching IP laws in the USA since the product with the same name is registered in the USA (but not listed online or even on Amazon)?

    Would kindly take any help or help. Thanks!
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
    Likes Received:
    In circumstances where you are actually targeting US consumers, and you do not have your trademark registered in the US, yes you are running the risk of infringement.
  3. Tim W

    Tim W Lawyer

    28 April 2014
    Likes Received:
    Take the help you were given earlier and get a lawyer to help you.
  4. Kim Walters

    Kim Walters Well-Known Member

    18 July 2016
    Likes Received:
    You can either file direct for a trademark overseas or otherwise seek advice on filing for a trademark through the Madrid System based on your trademark in Australia. The Madrid Protocol is a treaty providing for the international registration of trade marks and is administered by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) in Geneva. Each method of filing has its pros and cons and you should seek advice on which method is the most appropriate for your trademark.

    Please feel free to contact me at Kim Walters, Southport Lawyer: Book Online | LawTap for legal advice.

    Tim W likes this.

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