Claim against trade mark

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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    Letter Of Claim For Trade Mark Infringement

    A letter of claim alleging trade mark infringement, also known as a "letter before action" or "cease and desist" letter, containing undertakings.

    What to watch out for

  • The potential for trade mark infringement
  • The possibility that the letter may be a "cease and desist" letter
  • The need to take action to protect your registered trade mark
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    Relevant Contract Types

    βœ‰οΈ Particulars of claim: trade mark infringement

    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.

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