Cease And Desist Notice For Trademark Infringement Template for Hong Kong

The Cease and Desist Notice For Trademark Infringement is a critical tool in intellectual property protection under Hong Kong law, typically used when unauthorized use of a registered trademark is discovered. This document serves as the first formal step in enforcement proceedings, putting the alleged infringer on notice and creating a paper trail of enforcement efforts. It's particularly important in Hong Kong's business environment, where trademark protection falls under the Trade Marks Ordinance (Cap. 559) and related legislation. The notice should be used when there's clear evidence of trademark infringement and after careful consideration of the legal and commercial implications. It contains specific details about the trademark rights, evidence of infringement, demands for cessation, and potential consequences of non-compliance. The document is designed to achieve compliance without court intervention but also serves to strengthen the trademark owner's position if litigation becomes necessary.

1. Sender Details: Full legal name and contact details of the trademark owner or their legal representative

2. Recipient Details: Full legal name and address of the alleged infringer

3. Date: Date of the notice

4. Subject Line: Clear indication that this is a cease and desist notice regarding trademark infringement

5. Trademark Ownership Statement: Details of the trademark ownership, including registration numbers and dates

6. Description of Infringement: Specific details of how the recipient is infringing the trademark, including dates and examples

7. Legal Basis: Reference to relevant sections of Hong Kong trademark law that the recipient is violating

8. Demands: Clear list of required actions and deadline for compliance

9. Consequences: Statement of legal actions that will be taken if demands are not met

10. Signature Block: Formal signature section including name and capacity of sender