Document background
The Trademark Cease and Desist Letter is a critical legal instrument used in Malaysia when a trademark owner discovers unauthorized use of their protected mark. This document, governed by the Malaysian Trademarks Act 2019 and related legislation, serves as a formal warning and demand to stop infringing activities. It is typically employed as the first formal step in trademark enforcement, before initiating costly court proceedings. The letter must clearly establish the sender's rights, detail the infringement, and specify required remedial actions with deadlines. In the Malaysian context, these letters often reference both statutory law and common law principles, particularly in cases involving passing off. The document should be carefully drafted to ensure enforceability while maintaining professionalism, as it may later be presented as evidence in court proceedings if the matter escalates to litigation.
