Trademark Notice Form

TRADEMARK NOTICE FORM

Complainant Name:    Complainant Address:

Respondent Name (Alleged User):    Respondent Address:

RECITALS

WHEREAS, Complainant is the owner of certain trademark rights in and to the mark identified below and has used and/or registered such mark in commerce with respect to the goods and/or services described herein; and

WHEREAS, Complainant alleges that Respondent is using a mark or other indicia that is identical or confusingly similar to Complainant's mark in a manner likely to cause confusion, mistake, or deception among consumers; and

WHEREAS, Complainant seeks to provide formal notice to Respondent of Complainant's rights and to request corrective action as described below, while preserving all rights and remedies available at law and in equity.

NOW, THEREFORE, in consideration of the mutual covenants and representations contained in this Notice and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. IDENTIFICATION OF THE MARK

Trademark / Service Mark (word or design):

Registration Number (if applicable):    Registration Jurisdiction:

Registration Date:    First Use in Commerce (date):

2. GOODS / SERVICES COVERED

3. DESCRIPTION OF ALLEGED INFRINGING USE

Date(s) observed:    Location observed (website, marketplace, physical location):

4. RELIEF REQUESTED

Complainant requests that Respondent (check all applicable):
Immediately cease use of the infringing mark or material
Retract or remove infringing content from the identified location(s)
Provide a written assurance that the infringing activity will cease
Other (describe):

5. REPRESENTATIONS AND CERTIFICATIONS

Complainant hereby represents and warrants that Complainant is the owner of the trademark rights asserted herein, that the information supplied in this Notice is accurate and complete to the best of Complainant's knowledge, and that Complainant has a good faith belief that use of the allegedly infringing material is not authorized by the trademark owner, its agent, or the law.

Complainant further certifies that the submission of this Notice is made in good faith and acknowledges that knowingly making false statements in a notice regarding trademark rights may subject Complainant to civil and criminal penalties under applicable law.

6. NOTICES

All notices, requests, consents, claims and other communications required or permitted under this Notice must be in writing and sent to the addresses provided above. Service of notice is effective upon receipt.

7. MISCELLANEOUS

Governing Law: This Notice and any dispute arising out of or relating to its subject matter shall be governed by and construed in accordance with the substantive laws of the jurisdiction indicated by Complainant below, without regard to conflict of law principles.

Entire Agreement: This Notice constitutes the entire written notice relating to the subject matter herein and supersedes any prior written or oral communications on the same subject.

Severability: If any provision of this Notice is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

Amendments and Waiver: No amendment to this Notice will be effective unless in writing signed by both parties. Waiver of any breach shall not operate as a waiver of any other or subsequent breach.

8. AUTHORIZATION

The individual signing below on behalf of Complainant certifies that they are authorized to act on behalf of the Complainant identified in this Notice and that all information provided is true and correct to the best of their knowledge.

9. DECLARATION

I declare under penalty of perjury under the laws of the governing jurisdiction selected above that the foregoing is true and correct and that I am authorized to submit this Notice on behalf of Complainant.

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