Document background
The Notice of Trademark Infringement is a crucial legal document used when a trademark owner discovers unauthorized use of their registered mark in the Australian market. This document is typically the first formal step in enforcing trademark rights and addressing infringement issues before proceeding to litigation. It must comply with Australian trademark law, particularly the Trade Marks Act 1995, and should include comprehensive details about the trademark registration, specific instances of infringement, and clear demands for resolution. The notice serves multiple purposes: it establishes a paper trail of enforcement efforts, demonstrates the trademark owner's diligence in protecting their rights, and provides the alleged infringer with formal notification and an opportunity to cease their activities voluntarily. The document is particularly important in Australian jurisdiction as it often forms the basis for subsequent legal proceedings if the matter cannot be resolved amicably.
