Here are some general steps about using your rights to prevent others from using the same and similar trade marks:

1. Monitor and identify infringement: Regularly monitor the marketplace to identify any unauthorized use of your trade mark and similar marks. This can include conducting online searches, monitoring competitor activities, and keeping an eye on industry publications.

2. Gather evidence: Collect evidence of the trade mark infringement, such as photographs, website screenshots, packaging materials, advertising materials, or any other relevant documents that demonstrate activities which may infringe your trade mark rights.

3. Consult us: It is advisable to consult with specialist trade mark lawyers who have a thorough knowledge of trade mark law. They can provide legal advice, assess the strength of your case, develop the best strategy for dealing with the problem and guide you through the enforcement process.

4. Letter of demand: Part of the strategy is likely to include a letter of demand, notifying the other party of the trade mark infringement and making express demands to deal with the problem. This will outline your rights, refer to evidence of infringement and the legal consequences if the demands are not met.

5. Negotiation and settlement: In most cases, negotiations can take place between both parties to reach a settlement without going to court.

6. Legal action: If all attempts at settlement and resolution fail, you may need to consider initiating legal action in the Federal Court of Australia or the relevant state/territory Supreme Court. We can manage this process on your behalf.

7. Court proceedings and remedies: During court proceedings, evidence will be presented, and the court will determine whether trade mark infringement has occurred. Action for breach of the consumer protection provisions of the Australian Consumer Law  and for passing off at common law may also be available. If the court finds in your favour, it may grant injunctions to stop the infringing activities, order the destruction of infringing goods, and award damages or an account of profits and other remedies.

Remember that enforcing trademark rights can be a complex process, and it is crucial to seek professional legal advice. You can shoot yourself in the foot by not formulating the right strategy to deal with the problem and there are also risks in making unsubtantiated allegations. (For example, if you allege trade mark infringement but do not yet own a trade mark registration, you may be liable for making groundless threats).