Skip to main content

Trade Marks Notice Regarding Breach Passing Off The Trade Mark

· 2 min read
Priyansh Khodiyar
Vaquill co-founder
Download Form

NOTICE REGARDING BREACH /PASSING OFF

THE TRADE MARK 



Date__________ 

To 

SM & Sons. 
(Address) 

Notice regarding Breach/Passing off the Trade Mark


Dear Sirs,


As Per instructions from our client____________________________Ltd. we state as follows: 

Our client doing business being manufacturer/dealing in Water Filters under Trade Mark ___________ for Water Filters and its components. 



The said Trade Mark _____________ has been advertised in the News¬papers 

Our client has been using the said Trade Mark ___________since 1950, acquiring a distinguished feature concerning goods of our client by such extensive/continued use of said Trade Mark/advertisements. The high standard of working of Water Filters ________ has won the minds of the public with our client's goods. Our client being established manufacturer/dealer for Water Filters. 

Our client's has come to know that you have been manufacturing/selling Water Filters. under a Mark ______________ The get-up, mark and packing of your Water Filters are fraudulently alike to that our client's Water Filters, according to look. 



You knew our client's said _____________ Water Filters at the time of your first trade enquiries, market research and starting your factory and selling the products. Despite such know how of our client's Trade Mark/products the manufacturing/selling of your Water Filters with the Mark________ ..were with the mala fide motive in trading over our client's reputation/goodwill as made by our client by spending huge amounts apart from expenditure for research/development of our client's Water Filters. 

Your product per Mark ____________in the market and our client's Trade Mark ______________have emerged cheating and perplexed the mind public and particularity the intending user in Water Filters. 



By your erroneous using Mark _______________ for selling the Water Filters knowing completely our client's set up Trade Mark ______________for Water Filters, you have become liable under Civil and Criminal actions under Trade and Merchandise Marks Act 1958. 

In the last, we ask you to stop/cease at once using the Mark ___________ and expressly consent for demolishing all your dies, blocks, labels and cartons with printed/packing materials by giving undertaking convincing our client's. 



In case you do not replay by two weeks from the date of receipt of this notice we have instructions to take proper legal actions against you without any notice and in that event you will be held completely liable for all costs and results thereto. 



Yours faithfully 



Signature of Advocate. 
Download Form