The Trademark Cease and Desist Letter is a crucial legal instrument used in Nigeria when a trademark owner discovers unauthorized use of their registered mark. It serves as the first formal step in enforcing trademark rights before proceeding with litigation. The document is governed by Nigerian trademark law, particularly the Trademarks Act Cap T13 LFN 2004, and should be used when there is clear evidence of trademark infringement. The letter must establish trademark ownership, detail the specific infringement, make clear demands for cessation, and set reasonable compliance deadlines. It should strike a balance between assertiveness and professionalism, while clearly outlining the legal consequences of non-compliance. This document is particularly important in Nigeria's growing commercial environment, where trademark protection is becoming increasingly crucial for business success.
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1. Sender's Details: Full legal name, address, and contact information of the trademark owner or their legal representative
2. Recipient's Details: Full legal name and address of the alleged infringer
3. Trademark Rights Declaration: Clear statement of trademark ownership, registration details, and duration of use
4. Description of Infringement: Detailed description of the specific trademark infringement, including when and how it was discovered
5. Legal Rights Statement: Statement of legal rights under Nigerian trademark law and consequences of infringement
6. Demands: Clear, specific demands including immediate cessation of infringing activities and timeline for compliance
7. Response Timeline: Specific deadline for the recipient to respond and comply with the demands
8. Consequences of Non-Compliance: Clear statement of legal actions that will be taken if demands are not met
1. Prior Communications: Reference to any previous attempts to resolve the matter, used when there have been prior informal communications
2. Damage Assessment: Description of actual or potential damages suffered, used when quantifiable damages exist
3. Settlement Terms: Proposed terms for amicable resolution, used when willing to negotiate a settlement
4. Good Faith Statement: Statement indicating willingness to resolve the matter amicably, used when a less aggressive tone is desired
5. International Rights: Reference to international trademark protection under relevant treaties, used when the trademark has international registrations
1. Trademark Registration Certificate: Copy of official trademark registration certificate from Nigerian Trademark Registry
2. Evidence of Infringement: Photographs, screenshots, or other documentation of the alleged infringement
3. Prior Communications Log: Copies of any previous correspondence regarding the infringement
4. Market Presence Documentation: Evidence of trademark owner's market presence and goodwill in Nigeria
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