Document background
The Trademark Infringement Warning Letter is a critical legal instrument used in Australia when a trademark owner discovers unauthorized use of their protected mark. This document is typically the first formal step in enforcing trademark rights before proceeding to litigation, drafted under the framework of the Trade Marks Act 1995 (Cth) and related regulations. It serves multiple purposes: documenting the infringement, establishing a timeline of enforcement actions, demanding immediate cessation of unauthorized use, and creating a paper trail for potential court proceedings. The letter must carefully balance assertiveness with professionalism, including specific details about the trademark registration, clear evidence of infringement, and precise demands for remedy. While often prepared by legal professionals, it requires input from business stakeholders to ensure accuracy in describing the impact of the infringement on the business.
