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Notice Of Trademark Infringement
"I need a Notice of Trademark Infringement to address an online retailer who is selling counterfeit versions of my company's trademarked luxury handbags in Malaysia, with evidence collected since January 2025; the notice should emphasize immediate cessation of sales and demand removal of all infringing products from their website."
1. Sender's Details: Complete contact information of the trademark owner or their legal representative
2. Recipient's Details: Full name and address of the alleged infringer
3. Subject Line: Clear indication that this is a trademark infringement notice and reference number if applicable
4. Trademark Rights Declaration: Details of the trademark ownership, registration numbers, and classes
5. Description of Infringement: Specific details of how the recipient is infringing the trademark, including dates and examples
6. Legal Basis: Citation of relevant sections of Malaysian trademark law that establish the infringement
7. Demand Statement: Clear statement of required actions (cease and desist, removal of infringing materials, etc.)
8. Timeline for Compliance: Specific deadline for the recipient to respond or comply with demands
9. Consequences of Non-Compliance: Statement of legal actions that will be taken if demands are not met
10. Reservation of Rights: Statement preserving all legal rights and remedies available to the trademark owner
1. Prior Communications: Reference to any previous attempts to resolve the matter, used when there has been prior contact
2. International Rights: Details of international trademark registrations and rights, included when the trademark has protection in multiple jurisdictions
3. Damage Assessment: Preliminary assessment of damages suffered, included when quantifiable losses can be demonstrated
4. Settlement Terms: Proposed terms for amicable resolution, included when willing to negotiate a settlement
5. Undertaking Request: Request for written undertakings from the infringer, included when seeking formal commitments
1. Schedule A - Trademark Registrations: Copies of trademark registration certificates and details
2. Schedule B - Evidence of Infringement: Photographs, screenshots, or other documentation of the infringing use
3. Schedule C - Market Presence: Evidence of the trademark owner's market presence and reputation
4. Schedule D - Prior Communications: Copies of previous correspondence or communications regarding the infringement
5. Schedule E - Proposed Undertaking: Draft of the undertaking document requested from the infringer
Authors
Retail
Manufacturing
Consumer Goods
Technology
Fashion and Luxury
Food and Beverage
Pharmaceuticals
Electronics
Entertainment
Media
Software
E-commerce
Automotive
Cosmetics
Telecommunications
Financial Services
Legal
Intellectual Property
Brand Protection
Marketing
Compliance
Risk Management
Corporate Affairs
Business Development
Executive Leadership
Communications
Legal Counsel
Intellectual Property Manager
Brand Protection Manager
Commercial Director
Chief Legal Officer
Trademark Attorney
Corporate Counsel
Brand Manager
Marketing Director
CEO
Business Development Manager
Compliance Officer
Risk Manager
General Counsel
IP Enforcement Officer
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