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Notice Of Trademark Infringement

Notice Of Trademark Infringement Template for Hong Kong

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Key Requirements PROMPT example:

Notice Of Trademark Infringement

"I need a Notice of Trademark Infringement under Hong Kong law to address an online retailer who is selling counterfeit versions of my luxury handbags on their e-commerce platform, demanding immediate removal of the products and compensation for damages."

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Document background
The Notice of Trademark Infringement is a crucial legal instrument used in Hong Kong when a trademark owner discovers unauthorized use of their protected mark. This document is typically the first formal step in enforcing trademark rights before initiating court proceedings, governed by the Trade Marks Ordinance (Cap. 559) and related Hong Kong legislation. It serves multiple purposes: documenting the trademark owner's awareness of the infringement, formally demanding cessation of unauthorized use, establishing a timeline for compliance, and creating a paper trail for potential future legal proceedings. The notice should contain comprehensive details about the protected trademark, evidence of infringement, legal basis for the claim, and specific demands for remedial action. It's essential for the document to strike a balance between being firmly assertive while maintaining professionalism and compliance with Hong Kong legal requirements.
Suggested Sections

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

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

3. Trademark Information: Details of the protected trademark(s), including registration numbers, classes, and dates

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

5. Evidence of Rights: Statement establishing ownership and validity of the trademark rights

6. Legal Basis: Citation of relevant sections of Hong Kong trademark law and other applicable legislation

7. Demand for Action: Clear statement of required actions and timeline for compliance

8. Consequences of Non-Compliance: Statement of legal actions that may be taken if demands are not met

Optional Sections

1. Previous Communications: Reference to any prior attempts to resolve the matter, used when there has been previous correspondence

2. Damages Calculation: Preliminary assessment of damages suffered, included when seeking immediate compensation

3. Undertaking Template: Draft undertaking for the infringer to sign, included when seeking formal commitments

4. Settlement Terms: Proposed terms for amicable resolution, included when offering settlement options

5. Deadline Extension: Terms for requesting additional time to respond, included when flexibility in timeline may be considered

Suggested Schedules

1. Schedule A - Trademark Registrations: Copies of trademark registration certificates and details

2. Schedule B - Evidence of Infringement: Photographs, screenshots, or other documentary evidence of the infringing use

3. Schedule C - Market Presence: Evidence of the trademark owner's market presence and reputation

4. Schedule D - Draft Undertaking: Form of undertaking proposed for the infringer's signature

5. Schedule E - Prior Correspondence: Copies of any relevant previous communications between parties

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Retail

Fashion and Luxury Goods

Consumer Products

Technology

Pharmaceuticals

Food and Beverage

Entertainment

Media

Software

Manufacturing

E-commerce

Professional Services

Hospitality

Automotive

Electronics

Relevant Teams

Legal

Compliance

Intellectual Property

Brand Protection

Risk Management

Corporate Affairs

Marketing

Business Development

Commercial Operations

Executive Leadership

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Brand Protection Manager

Compliance Officer

Chief Legal Officer

Trademark Attorney

General Counsel

Legal Director

IP Rights Manager

Brand Manager

Chief Executive Officer

Commercial Director

Risk Manager

Company Secretary

Business Development Manager

Industries
Trade Marks Ordinance (Cap. 559): The primary legislation governing trademark protection in Hong Kong, covering registration, infringement, enforcement, and remedies
Trade Marks Rules (Cap. 559A): Subsidiary legislation providing detailed procedures for trademark applications, registrations, and proceedings
Paris Convention for the Protection of Industrial Property: International treaty providing trademark protection principles applicable in Hong Kong through China's membership
TRIPS Agreement: WTO agreement setting minimum standards for intellectual property protection, applicable to Hong Kong through China
High Court Ordinance (Cap. 4): Relevant for civil procedures in trademark infringement cases heard in the High Court
Rules of the High Court (Cap. 4A): Procedural rules governing civil litigation, including requirements for notices and legal proceedings
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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