In our practice, the letter is drafted as if it comes directly from the owner of the infringed trademark. Our lawyer signs it as the owner's legal representative.
It is then delivered straight to the infringing party, without being filed with any government authority or Notary Public. In Baghdad and Erbil, delivery is by hand; outside those cities it is arranged separately.
Most of our clients also ask for a written undertaking: the infringer signs a commitment to stop and not repeat the infringement once the letter has been complied with. That document is prepared and delivered the same way.
After the letter is served, the instructing agent can ask for a copy of the letter and the proof of delivery for the client's file.
Before you instruct:
- Do not plan for a notarisation or government filing step
- Send the mark details and the infringer's location
- Ask for a draft undertaking with the letter
- Request the proof of delivery and a copy once served
Facing an infringer in Iraq or Kurdistan? Tell us what you found and we will explain the first step.