legal notice
ritika bhatia
(Querist) 15 October 2009
This query is : Resolved
i need a draft of legal notice to be served for the trademark infringment.......
kindly guide
ritika bhatia
(Querist) 15 October 2009
sir can you jst giude me by providing a rough format of the same
R.R. KRISHNAA
(Expert) 15 October 2009
FORMAT OF LEGAL NOTICE
Our clients state that they have been marketing their products under the trademark DHS for more than 30 years. Our clients also state that they have registered the trademark DHS under the Trade Marks Act, 1999. Our clients are doing exclusive business in the manufacture and sale of consumer products. By virtue of long extensive and continuous use of the said trademark and sales promotion thereof, our clients have earned immense good will and reputation among the trade and public.
Our clients are the leading manufacturers and sellers of consumer products in Indian and abroad. Our clients have more than 15 outlets in India. In the meanwhile during the last month our clients were surprised to note that your company has been misusing the above trademark DHS for spurious goods in the market. Our client states that you have with malafide intention and in order to make unlawful gain have been using the said mark DHS and have thus caused huge monetary loss besides bad reputation to my clients.
Our clients have earned goodwill among the public only by painstaking efforts taken by them during the last 30 years. The act of yours using my client’s trademark amount to illegal act and necessarily punishable under law as per the provisions of the Trademark Act 1999. My clients have all rights to take necessary legal action in order to protect their valuable intellectual property rights and their trademark DHS.
Hence I call upon you to immediately stop all the trade activities being carried in the name of DHS and consequently submit to my clients an undertaking that you shall not carry trade in the name of DHS in future along with a sum of Rs.1,00,000/- towards damages failing which my client shall be constrained to take up necessary legal action holding you liable for all costs and consequences thereof.
Yours truly
Advocate.
Sachin Bhatia
(Expert) 15 October 2009
Better to engage a Lawyer he will help you in drafting the Notice.
Raj Kumar Makkad
(Expert) 15 October 2009
Krishnalegal has provided u format but this is not final and exhaustive.
ritika bhatia
(Querist) 16 October 2009
thankx krishna ji 4 ur guidance,,,
Sarvesh Kumar Sharma Advocate
(Expert) 16 October 2009
