Letter of claim—parallel imports and trade mark infringement
Letter of claim—parallel imports and trade mark infringement

The following IP guidance note provides comprehensive and up to date legal information covering:

  • Letter of claim—parallel imports and trade mark infringement
  • [Importation into the European Economic Area (EEA)
  • [Trade within the European Economic Area (EEA)
  • Next steps
  • The Schedule

[Alleged infringer’s name and address]

[Date]

Dear [insert organisation name],

[[UK OR EU] trade mark registration number [insert number]]

We are writing on behalf of [name and address of client] ('our client').

Our client is the registered owner of [UK OR European Union] trade mark registration number [number] for [details of trade mark—eg word or logo] registered in [class OR classes] [class numbers] covering [among other things] [details of specification] (the 'Trade Mark'). An extract of the register for the Trade Mark is enclosed with this letter.

[Importation into the European Economic Area (EEA)

It has come to our client’s attention that you are infringing the Trade Mark by the [importation and offer for sale] in [the United Kingdom] of goods [bearing the Trade Mark OR the packaging of which bears the Trade Mark], which have not been put on the market in the EEA by our client nor with its consent (the 'Actions').

Our client has evidence of your Actions [insert details of trap purchases and any other features of the goods and their packaging which would expressly rebut any counter-allegations of trade mark owner consent, eg goods are marked ‘Not for importation into the