Trademark Infringement Warning Letter Template for Malaysia

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Key Requirements PROMPT example:

Trademark Infringement Warning Letter

"I need a Trademark Infringement Warning Letter for my registered clothing brand 'StyleFusion' which is being used without authorization by an online retailer in Kuala Lumpur; the letter should emphasize immediate cessation of use and request written undertaking by March 15, 2025."

Document background
The Trademark Infringement Warning Letter is a crucial initial step in protecting intellectual property rights in Malaysia. It is typically used when a trademark owner discovers unauthorized use of their mark or a confusingly similar mark in the Malaysian market. This document, governed by the Trademarks Act 2019 and related Malaysian legislation, serves as formal notice to the alleged infringer and often prevents the need for immediate court action. The letter should be carefully drafted to include specific details of trademark ownership, clear evidence of infringement, and explicit demands for cessation, while maintaining a professional tone that leaves room for amicable resolution. It's an essential tool in trademark enforcement strategy, particularly in Malaysia's rapidly evolving commercial landscape where brand protection is increasingly important.
Suggested Sections

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

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

3. Trademark Rights Declaration: Clear statement of trademark ownership, registration details, and rights

4. Infringement Description: Specific details of the alleged infringement, including dates, locations, and nature of unauthorized use

5. Legal Basis: Citation of relevant trademark laws and legal grounds for the complaint

6. Demands: Clear statement of required actions (cease and desist) with specific deadlines

7. Consequences: Statement of potential legal actions 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 contact

2. Settlement Terms: Proposed terms for amicable resolution, included when willing to negotiate

3. Damages Statement: Description of actual or potential damages suffered, used when seeking compensation

4. Undertaking Request: Request for written undertakings from the infringer, included when seeking formal commitments

Suggested Schedules

1. Trademark Registration Certificate: Copy of official trademark registration certificate(s)

2. Evidence of Infringement: Photographs, screenshots, or other documentation of the alleged infringement

3. Market Presence Documentation: Evidence of trademark use and market presence, such as advertising materials and sales records

4. Comparison Analysis: Side-by-side comparison of the original trademark and the alleged infringing mark

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

Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Technology

Food and Beverage

Pharmaceuticals

Entertainment

Manufacturing

E-commerce

Media and Publishing

Automotive

Cosmetics and Personal Care

Relevant Teams

Legal

Intellectual Property

Brand Protection

Compliance

Commercial

Marketing

Corporate Affairs

Risk Management

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Protection Manager

Compliance Officer

Chief Legal Officer

Trademark Attorney

Commercial Director

Brand Manager

Chief Executive Officer

Intellectual Property Counsel

General Counsel

Legal Director

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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