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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: 1 month ago.Category: Australia Law
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Answered in 5 minutes by:
12/27/2017
Solicitor: John Melis, Lawyer replied 1 month ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,766
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will be with you shortly.

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Customer reply replied 1 month ago
Thank you. If I can offer anymore information let me know
Solicitor: John Melis, Lawyer replied 1 month 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.

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Customer reply replied 1 month ago
Buy calling my business name burnout Master search is this considered as a breach of trademark rules ?
Solicitor: John Melis, Lawyer replied 1 month ago

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

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Customer reply replied 1 month ago
how can I find out exactly if it does? Look on asic ?
Solicitor: John Melis, Lawyer replied 1 month ago

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

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Customer reply replied 1 month ago
The only trademark is word:
burnout masters
Customer reply replied 1 month ago
I have a registered business called burnout master search
Solicitor: John Melis, Lawyer replied 1 month 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.

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Customer reply replied 1 month 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 1 month ago

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

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Customer reply replied 1 month ago
I’m happy to email. Thanks
Solicitor: John Melis, Lawyer replied 1 month 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.

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Customer reply replied 1 month 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 1 month ago

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

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Customer reply replied 1 month 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 1 month 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.

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Customer reply replied 1 month ago
renaming would be a better option.
Solicitor: John Melis, Lawyer replied 1 month ago

that is an option

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

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Customer reply replied 1 month ago
How would I go about doing such a thorough investigation?
Solicitor: John Melis, Lawyer replied 1 month 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.

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Customer reply replied 1 month 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 1 month 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.

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Customer reply replied 1 month 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 1 month 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.

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