Trademark ---- no infringement
sa7124
(Querist) 13 January 2014
This query is : Resolved
May I request somebody to kindly let me have the format of " Reply Legal Notice". related to trademark no infringement. from defendant side
i found one advocate but his fee is huge, i cannot afford that fee so.
i have visited many advocates near to my surrounding they are saying we don't deal such trade mark related cases.
first word is generic and remaining word mark is totally different and goods&services too
please help me some one, by showing the format of reply Legal notice
This is the notice which i received
Respected madam,
sub: Trademark Infringement
we write to you on behalf of our client ____ having its registered office at ______
our client is an education service provider having experience of more than 3 years. he has been running educational institution by name _________ and our client is not only the registered proprietor but also a first user of the registered mark with respect to education academies by this above name.
it has come to our client's attention that you propose to adopt/have adopted and/are using our client's mark ______ which is a popular and well known registered trade mark, in relation to your proposed/existing school/educational institution. your actions are designed to mislead the class of buyers into believing that you have some affiliation, sponsorship, economic, or trade connection with our client, when no such affiliation, sponsorship, economic, or trade connection exists. your proposed use/adoption of our client's mark ___________ is apparent from your trademark application. online status of the same is attached to this notice for your kind perusal.
your actions amount to infringement passing off , falsifying and falsely applying trade marks, and are therefore in violation of the provisions of the Trade mark act, 1999. in view of the above, our client wishes to put you on notice of its rights and inform you that you that our client will oppose, any of your marks that are same or deceptively and confusingly similar to our client's popular and well known registered mark __________ and also initiate infringement and passing off proceedings against you. However, our client is of the opinion that the matter can be settled amicably. To that end, we ask that you comply with the following on or before 20/01/2014.
1. withdraw your trademark application filed with Trade mark registry.
2. stop all use of the name and mark ____ or similar name in any manner whatsoever with immediate effect
3. stop all use of any trade name that is identical
4. Give an undertaking that you shall never use or register any mark that is same/similar a misspelling of or
confusingly similar to our client registered Trade mark ______ in respect of any goods or services in any
goods or services in any manner whatsoever.
we look forward to hear from you soon.
your sincerely,
___________
Devajyoti Barman
(Expert) 13 January 2014
Then engage some other lawyer or take professional help of any other lawyers here who may be ready to help you.
R.K Nanda
(Expert) 13 January 2014
consult local lawyer.
ajay sethi
(Expert) 13 January 2014
repeated query
ajay sethi
(Expert) 13 January 2014
we dont provide formats for reply . best get it drafted by a lawyer
Rajendra K Goyal
(Expert) 13 January 2014
Formats are not supplied in ths section, contact local lawyer.
T. Kalaiselvan, Advocate
(Expert) 14 January 2014
Yes it advisable to engage a local lawyer, you can even furnish the information about the format as per your choice, if not you can yourself give a reply notice which can still be considered as a reply notice only.
Vidhi Joshi
(Expert) 14 January 2014
No formats will be provided, but we can guide you if you provide with the application number of your trademark to get crux of the matter.
malipeddi jaggarao
(Expert) 16 January 2014
The author has not given the name in dispute and the proposed name. Unless he reveals this information, how anybody judge whether the opposite party's notice is tenable or not. However the author is advised to go through the Trade Marks Act 1999 (which might be available on internet). He can take assistance of any lawyer who can analyse the act and the connect the disputed matter for giving the reply.
