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Trademark Infringement Case – Request for Legal Action and Letter of Demand
Dear Sir or Madam,
I am the registered owner of the trademark [Luxurizz], which is officially registered with both the EUIPO and the German Patent and Trademark Office (DPMA). The trademark is fully protected throughout the European Union, including Germany.
A Chinese manufacturer I previously worked with is currently selling identical products using my trademark and product images on the Temu.com platform without my permission. These are the exact same products that were originally produced for my brand. The products are being marketed and shipped to customers in Germany and other EU countries, which constitutes a clear violation of my intellectual property rights.
This morning she deleted the listing on temu she said its deleted and then left the chat and blocked me.
I am contacting you to request legal support in China for the following:
Drafting and sending an official cease and desist letter (IP infringement warning) to the manufacturer
Providing a legal opinion on the chances of success for taking legal action in China
Optional: Supporting further legal steps, such as halting production, claiming damages, or contacting the relevant local authorities
Please let me know what is included in your legal service (e.g., legal drafting, official delivery, follow-up) and the total cost.
Additionally, I will be traveling to China next month, and my girlfriend is a native Chinese speaker. If necessary, she can support the communication or help mediate any discussions with the manufacturer directly.
Looking forward to your response.
Kind regards,
Michael Gozza
Dear Mr. Gozza,
Thank you for reaching out regarding the trademark infringement matter. Below is our professional analysis and recommendations based on the information provided:
1. Territoriality of Trademark Rights
Trademark protection is strictly territorial. Your trademark "[Luxurizz]," registered in EUIPO and German Patent and Trademark Office (DPMA), is valid only within the EU, including Germany. It does not enjoy protection under China’s Trademark Law unless separately registered with the China National Intellectual Property Administration (CNIPA). Consequently, initiating legal action in China against the manufacturer for trademark infringement is currently unavailable.
2. Recommended Action: CNIPA Trademark Registration
To enforce your rights in China, we strongly advise filing an application to register "[Luxurizz]" in CNIPA.
We can assist with the registration process, including prior trademark searches and documentation preparation.
3. Legal Recourse in the EU
Although direct enforcement in China is currently limited, the manufacturer’s activities on Temu.com (targeting EU customers) may constitute infringement under EU/German law. You may:
·File a takedown request with Temu under EU regulations;
·Pursue litigation in Germany or other EU jurisdictions where the trademark is registered;
·Collaborate with local EU counsel to seek injunctions or damages.
Feel free to contact us directly for further clarification.
Best regards,
China Intellectual Property Lawyers Network
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CHINA intellectual PROPERTY LAWYERS NETWORK
+86-13910160652
ciplawyers@163.com
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