Trademark Infringement Letter Template for England and Wales

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Key Requirements PROMPT example:

Trademark Infringement Letter

"I need a Trademark Infringement Letter to address unauthorized use of my company's registered logo by a competitor in an online marketplace, with specific demands to remove all infringing content by January 2025 and provide written confirmation of compliance."

Document background
A Trademark Infringement Letter is a crucial legal document used when a trademark owner discovers unauthorized use of their registered mark or similar marks causing confusion in the marketplace. Under English and Welsh law, this document serves as formal notice to the alleged infringer and typically includes details of the protected trademark, evidence of infringement, and specific demands for resolution. It forms part of the pre-action protocol required by the Civil Procedure Rules and can be instrumental in resolving disputes before court proceedings become necessary.
Suggested Sections

1. Sender Details: Full contact information and trademark owner details

2. Recipient Details: Full contact information of the alleged infringer

3. Trademark Details: Description of the protected trademark(s), including registration numbers

4. Infringement Details: Specific description of the infringing activity

5. Legal Basis: Citation of relevant laws and rights being infringed

6. Demands: Specific actions required from the recipient

7. Response Timeline: Deadline for response and consequences of non-compliance

Optional Sections

1. Previous Correspondence: Reference to any prior communication, if applicable

2. Settlement Terms: Proposed resolution terms, if offering settlement

3. Damage Assessment: Details of financial impact, if quantifiable

Suggested Schedules

1. Trademark Registration Certificates: Copies of official trademark registrations

2. Evidence of Infringement: Screenshots, photographs, or other proof of infringement

3. Prior Correspondence: Copies of previous communications if referenced

4. Power of Attorney: If letter is sent by legal representative

Authors

Alex Denne

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

Industries

Trade Marks Act 1994: Primary UK legislation implementing EU Directive 89/104/EEC. Key sections include 9-12 (rights conferred by trademark registration), Section 10 (definition of infringement), and Section 14 (limitations on trademark rights)

Copyright, Designs and Patents Act 1988: Supplementary legislation relevant for cases involving combined trademark and copyright infringement issues

EU Trade Mark Regulation 2017/1001: European legislation still relevant post-Brexit for cases involving EU trademarks and cross-border enforcement

Passing Off Doctrine: Common law principle protecting unregistered trademark rights, requiring proof of goodwill, misrepresentation, and damage

Civil Procedure Rules: Procedural framework governing pre-action protocols and requirements for legal correspondence in England and Wales

Consumer Protection from Unfair Trading Regulations 2008: Legislation protecting consumers from unfair commercial practices, including misleading use of trademarks

Business Protection from Misleading Marketing Regulations 2008: Regulations protecting businesses from misleading marketing practices, including trademark misuse in B2B context

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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