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Trademark Infringement Letter Template for Philippines

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Key Requirements PROMPT example:

Trademark Infringement Letter

"I need to draft a Trademark Infringement Letter for my registered fashion brand 'StyleVibe' which is being used without authorization by an online retailer selling counterfeit products; we need immediate cessation of sales and removal of all infringing products by January 15, 2025."

Document background
The Trademark Infringement Letter is a critical legal instrument used in the Philippines when a trademark owner discovers unauthorized use of their registered mark or a confusingly similar mark by another party. This document, governed by the Intellectual Property Code of the Philippines (RA 8293) and overseen by the Intellectual Property Office of the Philippines (IPOPHL), serves as the initial formal step in addressing trademark violations before pursuing court action. The letter typically includes detailed evidence of trademark ownership, specific instances of infringement, and demands for immediate cessation of unauthorized use. It's designed to establish a clear record of the trademark owner's assertion of rights and the infringer's awareness of the violation, which can be crucial in subsequent legal proceedings if amicable resolution isn't achieved.
Suggested Sections

1. Sender and Recipient Details: Complete contact information for both parties, including registered business addresses

2. Trademark Rights Declaration: Details of the trademark ownership, registration numbers, dates, and jurisdictions covered

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

4. Legal Basis: Citation of relevant trademark laws and legal rights being violated

5. Demand for Action: Clear statement of required actions (cease and desist, removal of infringing materials, etc.) and deadline for compliance

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

Optional Sections

1. Prior Communications: Reference to any previous attempts to resolve the issue, used when there has been prior contact

2. Economic Impact: Description of financial damage caused by the infringement, included when quantifiable losses can be demonstrated

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

4. Undertaking: Draft undertaking for the infringer to sign, included when seeking written commitment

5. Good Faith Statement: Statement indicating willingness to discuss reasonable resolution, used when maintaining diplomatic approach

Suggested Schedules

1. Trademark Registration Certificates: Copies of official trademark registration documents

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

3. Market Presence Documentation: Evidence of trademark owner's market presence and goodwill

4. Previous Correspondence: Copies of any relevant prior communications regarding the infringement

5. Draft Undertaking: Template of undertaking document for infringer's signature

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses
















Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Technology

Food and Beverage

Pharmaceuticals

Entertainment

Media

Manufacturing

E-commerce

Professional Services

Luxury Goods

Software and Digital Products

Hospitality

Relevant Teams

Legal

Intellectual Property

Brand Protection

Compliance

Risk Management

Marketing

Business Development

Corporate Affairs

Executive Leadership

Relevant Roles

Legal Counsel

Intellectual Property Attorney

Brand Protection Manager

Chief Legal Officer

Trademark Attorney

Corporate Counsel

Intellectual Property Manager

Brand Manager

Chief Executive Officer

Commercial Director

Risk Management Officer

Compliance Officer

Business Development Manager

Marketing 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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