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Notice Of Trademark Infringement Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
A Notice of Trademark Infringement is a crucial legal document used when a trademark owner discovers unauthorized use of their protected mark in Malaysia. This document, governed by the Malaysian Trademarks Act 2019 and related regulations, serves as the initial formal step in addressing trademark infringement. It puts the alleged infringer on notice of their unauthorized activities and provides them an opportunity to cease such activities before more serious legal action is taken. The notice typically includes details of the protected trademark, evidence of ownership, specific instances of infringement, and demands for remedial action. It's an essential tool in intellectual property protection strategy and often serves as important documentation if further legal proceedings become necessary.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses















Relevant Industries

Retail

Manufacturing

Consumer Goods

Technology

Fashion and Luxury

Food and Beverage

Pharmaceuticals

Electronics

Entertainment

Media

Software

E-commerce

Automotive

Cosmetics

Telecommunications

Financial Services

Relevant Teams

Legal

Intellectual Property

Brand Protection

Marketing

Compliance

Risk Management

Corporate Affairs

Business Development

Executive Leadership

Communications

Relevant Roles

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

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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