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.
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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
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
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
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