How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Brisbane-Lawyer Your Own Question
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14361
Experience:  I did my law degree at the University of Queensland
17651911
Type Your Australia Law Question Here...
Brisbane-Lawyer is online now
A new question is answered every 9 seconds

I have been trading as just cuts for men oakleigh since 1990

Customer Question

I have been trading as just cuts for men oakleigh since 1990 and registered sinse 1991.Just cuts franchise pty ltd have been registered since 1994 and trademarked since 2008.Have they any right to call in my name and do I have a right to challenge?
Submitted: 3 years ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 3 years ago.
Have they any right to call in my name and do I have a right to challenge?

Unless you registered it as a business name with Consumer Affairs Victoria, you have no right to make them stop using the name. In fact, if they registered it, even though you have been using it before they registered it, they can lawfully stop you from using it.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question. Your question can continue even after you leave positive feedback, so if you have any follow up questions please don't be afraid to ask.
Customer: replied 3 years ago.

i have registered with consumer affairs victoria. I am not asking them to stop trading I am just asking if they can stop me from trading under my name?


 

Expert:  Brisbane-Lawyer replied 3 years ago.
i have registered with consumer affairs Victoria. I am not asking them to stop trading I am just asking if they can stop me from trading under my name?

No, they can't. Not if you registered your business name, then they cannot stop you from trading under it.

Please don't forget to leave positive feedback so that I will get credit for the time spent on your question.