Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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format or the main content of legal notice under trade marks act

(Querist) 27 December 2010 This query is : Resolved 
One of my client is a dealer of goods with a trade mark logo & name, which is registered under the trade marks act & the business is going on well. however recently a competetor has used with some variation the same name & logo. now he wishes to issue a legal notice to that person. can anybody help me with a format or content of the legal notice that such notices should be. It is very urgent.

Thanks in advance.
Gulshan Tanwar (Expert) 27 December 2010
Well we are here to solve the querry and not to provide the formats else how our bread and butter will come. Consult a lawyer in your area for the issuance of the same.
Devajyoti Barman (Expert) 27 December 2010
It seems that the author herself is an advocate. Unless the logo and the trade mark of your client is registered it has got no case and hence no point in sending any notice.
SANJAY GUPTA (Expert) 28 December 2010
yes, Mr.Barman is right.
s.subramanian (Expert) 28 December 2010
The notice contain the details of your trade mark and its registration. You simply when the public that if anybody else is trying to copy the same and misuse it,he would proceeded against for infringement of your right of trade mark under the Trade mark laws. You can also warn them of criminal proceedings as well for such violation of trade mark. It is open to you approach the competent court for preventing violation of your trade mark and the acts of passing off.
Kirti Kar Tripathi (Expert) 28 December 2010
I concur the views of Mr. subramaian. He has explained in very simple way. act per his advice.
R.Ramachandran (Expert) 28 December 2010
If the trade mark is registered then you can take action for infringement.
If the trade mark is not registered but your client has been using it for a fairly long period, then you can take action for 'passing-off'. The notice should be worded accordingly.


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