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Trademark Infringement Warning Letter Template for Philippines

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Key Requirements PROMPT example:

Trademark Infringement Warning Letter

"I need a Trademark Infringement Warning Letter addressing unauthorized use of my company's registered clothing brand trademark on counterfeit products being sold on e-commerce platforms in the Philippines, with a firm deadline of March 15, 2025 for the infringing party to cease all online sales."

Document background
A Trademark Infringement Warning Letter is a crucial legal instrument used when a trademark owner discovers unauthorized use of their protected mark in the Philippines. This document serves as the first formal step in trademark enforcement, typically issued before initiating court proceedings. It must comply with Philippine intellectual property laws, particularly the Intellectual Property Code (Republic Act No. 8293), and should be drafted considering local legal requirements and customs. The letter establishes the sender's trademark rights, documents the alleged infringement, and demands specific remedial actions. It's particularly important in the Philippine context where amicable resolution is encouraged before pursuing litigation. The document should be comprehensive enough to demonstrate serious intent while leaving room for negotiation, as Philippine courts generally look favorably upon parties who attempt to resolve disputes privately before seeking judicial intervention.
Suggested Sections

1. Header and Date: Sender's details, recipient's details, and date of the letter

2. Subject Line: Clear indication that this is a trademark infringement warning regarding specific trademark(s)

3. Trademark Ownership Declaration: Statement of ownership of the trademark(s), including registration numbers and dates

4. Description of Infringement: Detailed description of the observed trademark infringement, including specific instances and dates

5. Legal Rights Statement: Clear statement of legal rights under Philippine trademark law and applicable international treaties

6. Evidence Reference: Reference to evidence of infringement (with details provided in attachments)

7. Demands: Clear list of required actions from the recipient with specific deadlines

8. Consequences Statement: Statement of potential legal actions if demands are not met

9. Response Timeline: Specific deadline for response to the letter

10. Closing and Signature: Professional closing, signature block, and attorney/firm details if applicable

Optional Sections

1. Previous Communications Reference: Include if there have been any previous attempts to resolve the matter

2. Good Faith Statement: Optional paragraph indicating willingness to discuss reasonable resolution terms

3. Reservation of Rights: Additional legal statement reserving all available rights and remedies

4. Without Prejudice Statement: Include if you want to prevent the letter from being used as evidence in potential future legal proceedings

5. Settlement Terms: Include if offering specific settlement terms or conditions for resolution

Suggested Schedules

1. Evidence of Trademark Registration: Copies of trademark registration certificates and related documents

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

3. Market Confusion Evidence: If available, evidence of actual consumer confusion or potential for confusion

4. Previous Communications: Copies of any relevant previous correspondence regarding the matter

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

Manufacturing

Technology

Fashion and Luxury Goods

Food and Beverage

Pharmaceuticals

Consumer Goods

Entertainment

Media

E-commerce

Software and IT

Professional Services

Hospitality

Automotive

Electronics

Relevant Teams

Legal

Intellectual Property

Compliance

Brand Protection

Risk Management

Corporate Affairs

Marketing

Business Development

Executive Leadership

Commercial Operations

Relevant Roles

Intellectual Property Lawyer

Corporate Counsel

Legal Director

Brand Protection Manager

Intellectual Property Manager

Chief Legal Officer

Trademark Attorney

General Counsel

Legal Compliance Officer

Brand Manager

Commercial Director

Business Development Manager

CEO

Managing Director

Risk Management Officer

Company Secretary

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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