First to flex: TitanCore claims victory in the trade mark throwdown

The problem: A competitor tries to hijack the brand

In 2020, former IronNest employees Harry and Adrian launched their own venture, TitanCore Pty Ltd, selling and installing fitness equipment. They registered their company name, started using the TitanCore trade mark, and even invested in a stylised logo to build brand recognition.

But in 2023, as TitanCore’s reputation grew, IronNest’s owner Blake Warren wasn’t applauding the competition. Instead, he quietly filed a trade mark application for “TitanCore” in his own name.

By 2024, Blake’s application had sailed through to registration. He then sent Harry and Adrian a letter of demand, requiring them to:

• stop using the TitanCore trade mark;
• scrub the TitanCore trade mark from websites, socials, advertising, and marketing; and
• hand over detailed accounts of all profits earned under the TitanCore brand.

On the face of it, TitanCore looked like it was in serious trouble.

The strategy: Evidence beats opportunism

When TitanCore turned to us, the first step was clear: establish the real history of use.

We gathered and were prepared to file evidence showing that TitanCore had been using the brand since 2020 — long before Blake’s filing. This included company registration details, marketing materials, and the original logo design work.

Armed with this we:

• applied to register the TitanCore trade mark in TitanCore’s own name;
• challenged Blake’s registration as a bad-faith filing; and
• firmly rejected IronNest’s demands, pointing to the solid legal foundation underpinning TitanCore’s rights.

The result? TitanCore secured its rightful trade mark registration, and Blake’s bad-faith registration was struck from the register.

TitanCore’s brand is now properly protected, and Harry and Adrian can focus on growing TitanCore without the shadow of Blake’s claims.

Key takeaways

The TitanCore tale highlights the importance of locking down your trade mark early. Even if someone files first, you can still succeed if you have solid evidence of earlier use, but it is always safer to file before disputes arise. Bad-faith registrations, where the filer has no genuine intent to use the mark, can be removed, but challenging them takes time and resources. Generally, the best strategy is simple: register your trade mark as soon as possible, keep clear records of your brand use, and ensure your business identity is protected before competitors try to cash in on your success.

**Note: All names in this tale have been changed