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Telephone: ________
Email: ________
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Re: FORMAL DEMAND TO CEASE AND DESIST FROM TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION
Dear Sir/Madam,
We write this letter for and on behalf of our client, ________, a corporation/entity duly organized and existing under the laws of the Republic of the Philippines, with principal office at ________ (hereinafter referred to as "our Client"), in connection with your unauthorized use of a mark that infringes upon the registered and proprietary rights of our Client.
§ 1. The Infringing Mark. It has come to the attention of our Client that you, ________, with address at ________ (hereinafter referred to as "you"), have been using, in commerce and in connection with your goods and/or services, the following mark:
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a representation of which is hereto attached and made an integral part hereof as Annex "A". Our Client first learned of your use of the said mark on or about ________, in connection with the following goods and/or services: ________.
§ 2. Our Client's Registered Mark. Our Client is the lawful and registered owner of the following mark (the "Mark"):
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a representation of which is hereto attached as Annex "B". The Mark is registered for use in connection with goods and/or services falling under International Class(es) No. ________.
§ 3. Priority, Registration, and Goodwill. Our Client has continuously and exclusively used the Mark in commerce in the Philippines since ________, thereby establishing priority of use and substantial goodwill therein. The Mark was duly registered with the Intellectual Property Office of the Philippines (IPOPHL) on ________ under Registration No. ________. A certified true copy of the Certificate of Registration is hereto attached as Annex "C". Pursuant to Section 138 of Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines (the "IP Code"), the said Certificate of Registration is prima facie evidence of the validity of the registration, of our Client's ownership of the Mark, and of our Client's exclusive right to use the same in connection with the goods and/or services specified in the Certificate.
Our Client has used the Mark for the following purpose and in the following locations:
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§ 4. Confusing Similarity. Your mark is confusingly similar to, and is a colorable imitation of, our Client's Mark in the following respects:
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§ 6. Demand. In view of the foregoing, formal and final DEMAND is hereby made upon you to, within ________ from your receipt of this letter:
(a) immediately and permanently CEASE AND DESIST from any and all use, reproduction, display, advertising, distribution, sale, or offering for sale of any goods and/or services bearing the infringing mark or any mark confusingly similar to our Client's Mark;
(b) recall, withdraw, and destroy all products, packaging, labels, signage, advertising, and promotional materials bearing the infringing mark;
(c) account for and remit to our Client all profits derived from your unauthorized use of the infringing mark, and pay reasonable compensation for the damage caused to our Client; and
(d) provide us with your written undertaking, duly signed, confirming your full and unconditional compliance with the foregoing demands.
Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.
We trust that you will give this matter your most urgent and serious attention to avoid the inconvenience and expense of litigation.
Very truly yours,
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Counsel for our Client
IBP No.: ________
PTR No.: ________
Roll of Attorneys No.: ________
MCLE Compliance No.: ________