✉️ Particulars of claim: trade mark infringement

About this category

A particulars of claim: trade mark infringement is a document that sets out the legal basis for a claim of trade mark infringement. It sets out the trade mark that is alleged to have been infringed, the basis of the infringement claim, and the relief that is sought.

✉️ Particulars of claim: trade mark infringement

templates

Trade Mark Infiringement And Passing Off (Particulars Of Claim)

This document provides sample language for a claim of trade mark infringement and, if that claim should fail, passing off.

What to watch out for

  • The document should include the name and contact information of the claimant.
  • It should state the legal basis for the claim, i.e. trade mark infringement and/or passing off.
  • It should identify the trade mark(s) in question and explain how they have been infringed and/or how the claimant's business has been affected by the infringement.
  • It should set out what relief the claimant is seeking, e.g. an injunction to stop the infringement, damages, or both.
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    Associated business activities

    Claim against trade mark

    1. The claimant might believe that the use of the trade mark by the defendant is causing confusion among consumers, resulting in a loss of sales for the claimant. 2. The claimant might believe that the use of the trade mark by the defendant is diluting the strength of the trade mark, making it less distinctive and valuable. 3. The claimant might believe that the use of the trade mark by the defendant is unfairly taking advantage of the goodwill and reputation associated with the trade mark.

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