When and How to Use Cease and Desist Notices for Trademark Infringement

Protecting your brand is essential for any business. When another person or company begins using a name, logo, slogan, or other branding that is confusingly similar to yours, it can create immediate risks—lost customers, reputation damage, and dilution of the value you’ve worked hard to build.

One of the most effective early steps in stopping trademark misuse is issuing a cease and desist notice. But when should you send one? And how do you do it properly to avoid making the situation worse?

In this article, we break down what Australian businesses need to know.

What Is a Cease and Desist Notice?

A cease and desist notice is a formal written request to a person or business, requiring them to:

• stop using a particular mark or branding, and

• refrain from doing so in the future.

It is a pre-litigation step designed to resolve the dispute before legal proceedings become necessary. A well-prepared cease and desist notice can quickly stop infringing behaviour and protect your trademark rights without the cost and stress of going to court.

When Should You Consider Sending a Cease and Desist Notice?

You may need to take action when:

• Someone is Using Your Registered Trademark

• Someone is Using a Confusingly Similar Business Name

• Counterfeit or Copycat Products Appear Online

• You Need to Send a Warning Before Taking Further Legal Action

How to Properly Issue a Cease and Desist Notice

Sending an ineffective or incorrectly drafted notice can backfire. Here is the correct process:

1. Verify Your Trademark Rights

Before demanding someone stop using a sign, you must ensure:

• your trademark is properly registered in the relevant classes; or

• you have a strong claim under common law (e.g., prior use, reputation).

2. Collect Evidence of the Infringement

This may include:

• screenshots of websites or social media posts

• examples of packaging or product listings

• relevant advertising materials

• consumer confusion or complaints

3. Draft a Precise and Commercially Sensible Notice

A professional cease and desist notice typically includes:

• details of your trademark registration

• examples of the infringing conduct

• explanation of why the conduct breaches your rights

• demands (e.g., stop using the mark, remove advertising, destroy stock)

• reasonable deadlines

• next steps if the notice is ignored

4. Send the Notice to the Correct Entity

This may involve sending it to:

• the trading business

• the company behind the brand

• the directors personally (if relevant)

• online platforms hosting the infringing content

5. Follow Up and Negotiate

Most trademark disputes resolve at this stage. If not, your lawyer may recommend further options such as:

• mediation

• preparing for litigation

• filing trademark opposition or cancellation proceedings

• pursuing Australian Consumer Law claims

What NOT to Do: Avoiding “Unjustified Threats”

In Australia, you must be cautious when issuing cease and desist letters relating to trademarks. Under the Trade Marks Act 1995, making unjustified threats of infringement proceedings can expose you to legal claims. Examples of unjustified threats include:

• accusing someone of infringing when your mark is not registered

• threatening court action without proper basis

• demanding compensation where none is legally available

This is why professional legal advice is essential before issuing a notice.

How Greyson Legal Can Help

At Greyson Legal, trademark lawyers we assist businesses across Australia to:

• identify trademark infringement

• prepare and issue effective cease and desist notices

• negotiate commercially sensible outcomes

• enforce trademarks through litigation if required

• develop long-term brand protection strategies

Whether you're a start-up, a growing business, or an established brand, we help you safeguard your most valuable asset—your identity.

Think someone is infringing your trademark? Get clear, practical advice before taking action.

📞 Call Greyson Legal: 0411 248 885 📧 Email: mail@greysonlegal.com

🌐 Visit: www.greysonlegal.com