Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I have started a company called burnout Master search. It’s…

Customer Question
Hi, I have started...

Hi, I have started a company called burnout Master search. It’s a motorsport category that uses cars to do burnouts in a competition. There is a company who has trade marked the word burnout Master

Lawyer's Assistant: What state is this in? And how old is the car?

Burnout masters

Lawyer's Assistant: Has anything been filed or reported?

The company is summernats they hold the largest car show of its type and also have a nation wide burnout competition called burnout masters. The idea of our company is to find people less fortunate who can’t afford to build such cars a chance to enter a competition to win an arrive and drive oackage in our car.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing has been reported just a guy I know who works their has said a friendly bit of advice summernats has these words trademarked

Submitted: 7 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
12/27/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,515
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will be with you shortly.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
Thank you. If I can offer anymore information let me know
Solicitor: John Melis, Lawyer replied 7 months ago

what you should do is carry out a trade mark search on the Australian Register to see if those words a trade marked.

if the words are already trade marked, the best option would be to consider other words in relation to the enterprise in order to protect your business model from being claimed against.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
Buy calling my business name burnout Master search is this considered as a breach of trademark rules ?
Solicitor: John Melis, Lawyer replied 7 months ago

if another party has already registered the name, and it associates with the same industry type and style yes it does.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
how can I find out exactly if it does? Look on asic ?
Solicitor: John Melis, Lawyer replied 7 months ago

would you like to have a quick chat on the telephone if you prefer ?

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
The only trademark is word:
burnout masters
Customer reply replied 7 months ago
I have a registered business called burnout master search
Solicitor: John Melis, Lawyer replied 7 months ago

in google type in Trade Marks IP Australia and the government search engine will show up.

select that option and you can complete a detailed search.

a trademark will over rule a business name.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
I have located a trademark named:
Burnout mastersAm I ok to have burnout master search? As it’s not copying
Solicitor: John Melis, Lawyer replied 7 months ago

lets talk on the phone and I can explain the issues more easily for you if you prefer ?

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
I’m happy to email. Thanks
Solicitor: John Melis, Lawyer replied 7 months ago

if you do not own the trade you cannot use the name.

the trade mark is superior to the business registration.

there are ways to argue against the situation but they complex in nature.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
What would be the next course of action? Wait for the to send me a cease and desist letter?
Solicitor: John Melis, Lawyer replied 7 months ago

you need to check the register and classes that apply to the name.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
Classes 9
Films, videos, recorded magnetic, optical, electronic or photographic media in this classClass 25:
Footwear, headgear and clothing in this class including t shirts and jackets
Class 41:
Organising and conducting sporting and entertainment events and competitions;
Production of radio, television, cinema programs and webcasts
Solicitor: John Melis, Lawyer replied 7 months ago

the party have registered a broad class.

so may be it is worth while considering other options to avoid unnecessary legal costs with claims being raised.

alternatively you can argue the matter out in court an see who maintains their right of use, but it will be an expensive option.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
renaming would be a better option.
Solicitor: John Melis, Lawyer replied 7 months ago

that is an option

but I would recommend that you carry out a thorough investigation on a legal basis before making a decision

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
How would I go about doing such a thorough investigation?
Solicitor: John Melis, Lawyer replied 7 months ago

the next step is to engage a lawyer to carry out a full due diligence check on the trademark and associated risks with the name you are using. This usually takes a couple of days.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
What costs would be associated with such a thing? Is your firm able to do this? My business is registered in nsw
Solicitor: John Melis, Lawyer replied 7 months ago

the next steps would require me to talk on the telephone so I can explain in detail how the process will work.

I invite you to select the call services to discuss further on this aspect.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
I’m not paying more to speak on the phone. There is no reason it can’t be emailed. If your unable to help proceed I can employ another firm to do so. Thanks
Solicitor: John Melis, Lawyer replied 7 months ago

you can keep raising questions in this forum as you prefer.

The cost to do a search is different for each law firm, and and these costs would need to be discussed after further consultation in respect to your business.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,515 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I was hoping to get some help regarding trademark law and
Hi I was hoping to get some help regarding trademark law and information. … read more
John Melis
John Melis
Lawyer
3,515 satisfied customers
I am setting up a website and an app and want to use the
I am setting up a website and an app and want to use the slogan ' Making it Easier' with the intention of putting it under the company name - and logo and on every product whether it be You tube video… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Copyright laws. I run a modelling company that runs modelling
Copyright laws. I run a modelling company that runs modelling competitions on a weekly basis Australia wide. We do a high volume of competitions with different names. We have been running a competitio… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I have a client who is launching a product in Australia, and
I have a client who is launching a product in Australia, and has created a name. The name has no records in the Trademark registry - however there is a US company that sells a product with a similar n… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I have a registered business name of SpraySafe. I have just
I have a registered business name of SpraySafe. I have just been served with a notice of "Infringement of Trademark, Deceptive and Misleading Conduct and Passing Off" form an organisation with the tra… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Hello there, Firstly i have just read your subject on the
Hello there, Firstly i have just read your subject on the Dial A Driver fiasco. May i ask where this business is situated ? the reason being is that i own Dial-A-Driver Australia Pty Limited an Austra… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Hi there, I have recently started a new business, and intend
Hi there, I have recently started a new business, and intend to launch publicly within the next month. However I have recently become aware of a US business offering the same service trading with the … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Dear Sir/madam, I have business registered under the name
Dear Sir/madam, I have business registered under the name of Shan e Punjab Indian restaurant which means Pride of Punjab. Punjab is a state in India. Now I have a received a letter from a law firm who… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
I applied to trade mark Phonics Australia in 2009 - it was
I applied to trade mark 'Phonics Australia' in 2009 - it was declined as too generic- and seen as unfair on competitors in Australia who are linked with 'phonics' training or goods. I have the tradema… read more
kmslaw
kmslaw
Principal Solicitor
Bachelor\u0027s Degree
209 satisfied customers
Hi there., The following is a personal project for mine,
Hi there., The following is a personal project for mine, was hoping you can provide some professional advice for me. We currently have a eBay listing as follows: http://cgi.ebay.com.au/ws/eBayISAPI.dl… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi, I am opening a new restaurant in Western Australia called
Hi, I am opening a new restaurant in Western Australia called "Basil & Mint". I registered the business name with the Department of Commerce and it came back approved and I received a "Certificate of … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi Have recd a letter from a Legal Firm in Sydney about a
Hi Have recd a letter from a Legal Firm in Sydney about a word I use in my domain name being – www.dermarollers.com I have had this domain name for 4+ years. They have the word dermaroller registered … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hi I am located in Perth would like to register a business
Hi I am located in Perth would like to register a business name: 'Web Studio', which is currently not a registered business name nor a trademark as far as I could see. However, in the eastern states t… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
If I have a registered business name with a long name, can
If I have a registered business name with a long name, can I legally own the .com.au domain that is an abbreviation of that name. Such as; One Tree Hill Online Clothing Store, as www.othoclothingstore… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
I have a trademark (word AMORETTI) registered with IP Australia
I have a trademark (word: AMORETTI) registered with IP Australia under Class 9 (sunglasses) in February 2010. There is a trade mark application (AMORETTE) which looks and sounds very close to mine. Th… read more
Advocate
Advocate
Master's Degree
350 satisfied customers
Im starting a company and in the process of developing a name.
Im starting a company and in the process of developing a name. What steps should I take to ensure I can trade under my desired name without any fear of legal ramifications? I've had a look at the trad… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
We manufacture shelving in New Zealand and also export a small
We manufacture shelving in New Zealand and also export a small amount to Australia and want to know if our design can be registered to cover both the NZ and Australian markets. The company name and pr… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
I would like to find out if i make a trademark of a word
I would like to find out if i make a "trademark" of a word for example "GAMEFLY" would it also protect me against any non caps and cap words of it such as "gamefly" and "GameFly" or would i have to ma… read more
Katrina Bell
Katrina Bell
Barrister Sole
Bachelor\u0027s Degree
468 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x