To,
Date:
Address:
LEGAL NOTICE
Sir,
Under the instructions and authority conferred upon me by my client, ______at:
___________(hereinafter referred to as "my Client"), I hereby serve
you this Legal Notice concerning your unauthorized and unlawful use of my
Client's registered trademark, __________:
1. That my Client is the exclusive owner of the
trademark, duly registered under the Trade Marks Act, 1999, bearing
Registration Number __________ in Class(es) __________, covering specific
goods/services. This
trademark is a valuable intellectual property asset that embodies my Client’s
goodwill, reputation, and distinctiveness in the commercial landscape. Over the
years, the said trademark has become a symbol of trust and quality among
consumers due to the consistent standards of goods/services offered by my
Client.
2. That furthermore, my Client has made
substantial investments in building and maintaining the recognition and market
standing of their trademark, which is central to their business identity and
competitive positioning in the marketplace.
3. It has come
to my Client’s knowledge that you are unlawfully using a mark identical to or
deceptively similar to my Client’s trademark, __________, in connection with
your goods/services.
This unauthorized use is being conducted without obtaining any license,
consent, or authorization from my Client, thereby violating their exclusive
rights under the Trade Marks Act, 1999. Such actions have led to a likelihood
of confusion among consumers, who are misled into believing that your
goods/services are either associated with, endorsed by, or originate from my
Client. This wrongful association has caused substantial damage to the
reputation and distinctiveness of my Client’s trademark, undermining the trust
and goodwill built over years of dedicated effort.
4. That your
actions amount to trademark infringement as defined under Section 29 of the
Trade Marks Act, 1999.
The Act explicitly prohibits the unauthorized use of a registered trademark or
any deceptively similar mark in a manner that creates confusion or
misrepresentation of association with the original proprietor. By adopting and
using such a mark, you are not only violating statutory provisions but also
engaging in "passing off," a common law tort. Passing off entails
presenting your goods/services as those of my Client’s, thereby unlawfully
benefitting from my Client’s established reputation and goodwill. Such actions
are tantamount to misrepresentation, which directly impacts my Client’s ability
to maintain their market standing and consumer trust.
5. That your
unauthorized activities also constitute unfair trade practices as defined under
the Consumer Protection Act, 2019. By falsely associating your goods/services with my Client’s
trademark, you are engaging in practices that deceive and mislead consumers,
contravening the principles of fair competition. Such acts not only harm my
Client but also adversely affect the rights and interests of consumers, who
rely on the authenticity and quality assured by my Client’s trademark. This
conduct disrupts ethical business practices, which are essential for
maintaining a lawful and trustworthy marketplace.
6. That your
unauthorized and illegal use of my Client’s trademark has caused significant
and irreparable harm to my Client. This includes, but is not limited to, dilution of the
trademark’s distinctiveness, loss of market share, and reputational damage.
Consumers misled by the unauthorized use of the mark have directed grievances
towards my Client’s business, further tarnishing their brand image. Such
actions have resulted in substantial financial losses and ongoing damage to my
Client’s ability to compete fairly and maintain their hard-earned goodwill in
the industry.
7. That your
actions undermine the exclusivity and distinctiveness of my Client’s trademark,
which are core elements of its value as intellectual property. Trademark rights are designed to
protect the proprietor’s ability to exclusively use their mark, ensuring that
it remains a unique identifier of their goods/services. Your unauthorized use
dilutes the trademark’s value and compromises its ability to serve as a
reliable source identifier, thereby infringing upon my Client’s legal and
proprietary rights.
8. That your aforesaid
unauthorized activities have disrupted my Client’s market presence and consumer
relationships. By
misleading potential customers through the unauthorized use of a deceptively
similar mark, you are diverting business opportunities and eroding the goodwill
that my Client has painstakingly built over years. This disruption to my
Client’s business operations is unjust, unethical, and actionable under
applicable laws governing intellectual property and fair competition.
9. That your
conduct has resulted in unfair competition by allowing you to gain an unjust
advantage in the marketplace. By unlawfully leveraging my Client’s reputation and goodwill, you have
circumvented the significant efforts, time, and resources my Client has
invested in building their brand. Such actions not only violate intellectual
property laws but also breach the ethical standards that underpin a healthy and
competitive business environment.
10. That your
unauthorized use has created confusion among consumers, leading to complaints
and dissatisfaction being erroneously attributed to my Client’s brand. This misattribution not only damages
my Client’s reputation but also disrupts their relationships with existing and
potential customers. As a result, my Client is facing significant business
losses, a decline in consumer confidence, and ongoing reputational harm that
affects their ability to operate effectively in the market.
11. That your
actions represent a deliberate violation of intellectual property laws and
ethical business standards. By adopting and using an identical or deceptively similar mark, you have
knowingly diluted the exclusivity and distinctiveness of my Client’s trademark.
This deliberate conduct demonstrates a blatant disregard for my Client’s rights
and constitutes a serious breach of the legal protections afforded to
registered trademarks under the Trade Marks Act, 1999.
12. That your
conduct breaches the principles of good faith and fair dealing, which are
fundamental to all commercial transactions, including those involving
intellectual property.
By misusing my Client’s trademark, you have shown a disregard for the trust and
ethical standards required to maintain a lawful business environment. Such
actions erode the integrity of fair competition and harm the business
ecosystem.
13. That my
Client has consistently and diligently protected their trademark rights through
proactive registration, enforcement, and compliance measures. Your actions represent a deliberate
and willful attempt to exploit the goodwill and market presence that my Client
has built over years of dedication, investment, and adherence to ethical
practices.
In view of the above, I hereby call upon you to immediately
cease and desist from all unauthorized use of my client’s trademark.
This includes halting the production, sale, advertisement, or distribution of
any goods/services bearing my client’s trademark and also destroying all materials
bearing my client’s trademark in your possession or control. Additionally, you
are required to provide a written undertaking affirming that no such
infringement will occur in the future within a
period of 15 days from the receipt of this legal notice failing which I have clear instructions from my Client
to initiate appropriate criminal and civil legal proceedings against you, the
addressee, in the competent court of law. Any such proceedings shall be
initiated solely due to your continued non-compliance, and you shall be held
fully responsible for the consequences arising therefrom.
Regards
Advocate
Copy Retained
