Document background
The Cease And Desist Letter Trademark Infringement is a crucial legal instrument used in South Africa when a trademark owner discovers unauthorized use of their protected mark. This document is typically employed as the first formal step in addressing trademark infringement before pursuing litigation, aligned with South African trademark law and practice. The letter must comply with the Trade Marks Act 194 of 1993 and related legislation, containing specific details about the trademark registration, evidence of infringement, and clear demands for cessation. It should be drafted with precision to establish a strong legal position while leaving room for amicable resolution. The document is particularly important in the South African context, where it can serve as evidence of the trademark owner's diligence in protecting their rights and can influence court proceedings if litigation becomes necessary.
