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Anil Saraogi (Advocate)     02 August 2018

Legal notice for trademark infringement by non-advocate

One of my client has received a "Cease & Desist" Notice from Trademark Agent who is not an Advocate.

Que 1: Can Trademark Agents empanelled with Registrar of Trademarks issue "Cease and Desist" notice ?

Que 2: Is it not necessary that for a third person  to issue such notices on behalf of clients, he/she should be an Advocate?

Que 3: Does Empanellement with various departements authorise such persons to issue outlandish Notices to other people?

Que 4:  Are such empanellements not meant only for prosecution on behalf of Clients with such departements only?

Que 5: If such Trademark Agents are not authorised, how should we deal with notices issued by them?

 

Regards

Advocate Anil Saraogi



 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 August 2018

The word “notice” denotes merely intimation to the party concerned of a particular fact. It seems that the court cannot limit the words "notice in writing" to only a letter. Notice may take several forms. It must, to be sufficient, be in writing and must intimate quite clearly that the award has been made and signed.

R.Ramachandran (Advocate)     02 August 2018

1: Can Trademark Agents empanelled with Registrar of Trademarks issue "Cease and Desist" notice ?

YES.  He can issue the said notice.

2: Is it not necessary that for a third person  to issue such notices on behalf of clients, he/she should be an Advocate?

Answer to the first question is a sufficient reply to this question also.

Que 3: Does Empanellement with various departements authorise such persons to issue outlandish Notices to other people?

It is not called Empanelment.  It is Approved by.  Empanelment is different from Approved.  Therefore, your understanding is erroneous.

Que 4:  Are such empanellements not meant only for prosecution on behalf of Clients with such departements only?

Answer to the question No.3 is a sufficient reply to this question also.

Que 5: If such Trademark Agents are not authorised, how should we deal with notices issued by them?

As it has been already stated that the notice issued by the Authorised Agent is valid, this question does not arise.  The notice has to be dealt with and replied as though it is a legally valid notice.

Anil Saraogi (Advocate)     02 August 2018

Thanks Ramachandranji,

So in a Nutshell..

Can we say that Non-Advocates can issue Legal Notices on behalf of their clients and such Notices would be admissbile as Evidences in appropriate court of Law?

Thanks again

Anil Saraogi (Advocate)     02 August 2018

yes sir,

Thanks for revert

But what to do, if such letters / Notices are outrageously threatening to the extent of demanding 2 Crores of Rupees or face Jail.

 

R.Ramachandran (Advocate)     02 August 2018

I dont say that you pay up.

If you have proper answer to the issues raised in the notice, better meet them through your reply.  In case the matter lands up in a court of law, defend your client to the hilt.  Who stops you?

SOLOMON.RAJ (advocate/director)     02 August 2018

dear Saraogi,

Notices can be issued by the party in self as well as by theagents,but these are mere noticesand cannot be termed Legal Notices.

You can issue a Reply Legal Notice to the notice you have recieved ,more-so-over file a criminal case for extortion and threatening.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

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