Template - Infringement-Passing-off Petition - Compressed-1587132596 PDF

IN THE COURT OF DISTRICT JUDGE-CENTRAL AT TIS HAZARI
COURTS, DELHI
TM NO. OF 2019
IN THE MATTER OF:
[Insert name] … PLAINTIFF
VERSUS
[Insert name] …DEFENDANT
SUIT UNDER SECTION 134 & 135 OF TRADEMARKS ACT, 1999

FOR PERMANENT INJUNCTION RESTRAINING
INFRINGEMENT OF TRADEMARK, COPYRIGHT, PASSING OFF,
DELIVERY UP RENDITION OF ACCOUNTS ETC.
MOST RESPECTFULLY SHOWETH:
1. The Plaintiff is a company incorporated and existing under the
Companies Act, 1956 having its registered office at [Insert address].
[Insert name] is the authorized signatory of the Plaintiff and
competent to sign the Vakalatnama, sign and verify the pleadings,
depose to the facts of the case and to do all necessary acts on behalf of
the Plaintiff for the proper conduct and prosecution of the instant suit.
2. That the Plaintiff is engaged in the business of manufacturing and
marketing of wide range of goods including Namkeens, Snacks,
Confectionery, savouries and other allied and related goods
(hereinafter referred to as the said goods).
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applicable law.
3. That Plaintiff is the proprietors of trade mark/label M (in English as
well as Hindi) in relation to aforementioned goods. It is submitted that
the word M is also forming material part of the Plaintiff's trade name.
4. The Plaintiff through their predecessors (M NAMKEEN BHANDAR)
adopted the said trade mark M in the year ____.
5. The trademark M has been assigned vide deed of assignment dated
[Insert date] between the plaintiff and its predecessor M/s M
NAMKEEN BHANDAR. The term “plaintiff” hereinafter includes
the plaintiff and its predecessor M/s M NAMKEEN BHANDAR.
6. The plaintiff then expanded the trademark M, [Insert image of the
trademark] into various variants/formative trademarks like [Insert
image of the trademark], [Insert image of the trademark] and has been
continuously using the same since then up to the present time.
7. The said goods and business being carried out by the Plaintiff since
____ and onwards till date is a very extensive one and the said goods
and business under the said trade mark have been practically
distributed in major parts of the country.
8. That in order to secure the statutory right in the said Trade
Mark/Label, the Plaintiff has also applied for and obtained various
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applicable law.
Trade Marks registration pertaining to its said Trade Marks/ Label. It
is pertinent that all the Trade Marks are valid. The details of the
Plaintiff’s registered Trade Marks are mentioned below:
. No Trade Mark Application Class MARK/ Status

No DEVICE
1. _______ 30 Label Registered
2. _______ 30 Label Registered
In order to acquire statutory rights under the Trade Marks Act, 1999, the
Plaintiff has also filed various other trademark applications for the said
Trade Marks/Labels to obtain registrations and are likely to be registered
soon. The plaintiff’s one of the earlier mark under no. ______ in Class 30
was registered with effect from [Insert date][in the name of plaintiff’s
predecessor]. But was removed on the basis of non-renewal. The plaintiff
did not receive a renewal notice and the writ proceedings are pending in
Delhi High Court in this regard.
9. That in its adoption of the said trade Mark/Label/Trade name, the
Plaintiff has been honestly & bonafidely, continuously, commercially,
openly, exclusively and to the exclusion of others, uninterruptedly and
in the course of trade and as proprietor thereof being using its said
Trade Marks/ label/Trade Name as trade marks in relation to its said
goods and business and carrying in its said goods and business there
under and has built up valuable trade, goodwill and reputation there
under and acquired proprietary rights therein.
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applicable law.
10.These trademarks/labels have already become distinctive and
associated with the aforesaid goods on account of its long, continuous,
extensive and exclusive user thereof and the goods bearing the said
trade mark are highly demanded in the markets on account of standard
quality. The public at large associates the above trade mark with the
goods of the Plaintiff.
11.That the plaintiff has also been granted copyright registration under
no. ____________, ____________ for the artistic work of M
NAMKEEN (label). Some more registrations are also likely to be
granted soon. That the art works involved in the plaintiff’s labels are
original artistic work and the plaintiff is the owner and proprietor of
the copyright therein within the meaning of the Indian Copyright Act,
1957. The plaintiff has been dealing with its art works/copyright in the
course of trade in relation to its said goods and business inter-alia
within the meaning of Section 14 of the Copyright Act, 1957.
12.During the course of trade, the plaintiff expanded its business its
business by adopting the trademark MA, [Insert image of the
trademark], MA in [Insert year]. These trademarks were launched in
[Insert year] but designing and preparation were started earlier. These
trademarks/labels have already become distinctive and associated with
the aforesaid goods on account of its long, continuous, extensive and
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exclusive user thereof and the goods bearing the said trade mark are
highly demanded in the markets on account of standard quality. The
public at large associates the above trade mark with the goods of the
Plaintiff.
13.That in order to secure the statutory right in the said Trade
Mark/Label, the Plaintiff has also applied for and obtained various
Trade Marks registration pertaining to its said Trade Marks/ Label. It
is pertinent that all the Trade Marks are valid. The details of the
Plaintiff’s registered Trade Marks are mentioned below:
. No Trade Mark Application Class MARK/ Status

No DEVICE
1. MA _____ 30 Word mark Registered
14.That the art work involved in the plaintiff’s label [Insert image of the
trademark] is original artistic work and the plaintiff is the owner and
proprietor of the copyright therein within the meaning of the Indian
Copyright Act, 1957. The plaintiff has been dealing with its art
works/copyright in the course of trade in relation to its said goods and
business inter-alia within the meaning of Section 14 of the Copyright
Act, 1957.
15.That the plaintiff’s sales have been tremendous and the document
depicting relevant sales figures are being filed herewith.
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applicable law.
16.That the Plaintiff have widely advertised, propagate their trade mark
through different medias such as advertisement in leading newspapers,
trade magazines, distribution of trade literature, trade novelties etc.
and that the Plaintiff have already spent substantial sum of money on
the publicity of the said trade mark/ label and in consequence thereof
the said trade mark/ label enjoys solid and enduring reputation in the
markets.
17.The plaintiff‘s
trademark/label/trade-dress/colour-combination/packaging MC, M,
MD, ME, MF, MA, has regularly and continuously been promoting its
said Trade Mark/ label/ trade name and the goods and business there
under through extensive advertisements, publicities, promotions and
marketing & marketing research and the Plaintiff has been spending
enormous amounts of moneys, efforts and time thereon. The Plaintiff
has been doing so through various means and modes including
through the visual, print, electronic media, in leading news papers,
trade literature, magazine, word of mouth, over the internet etc and all
of which have tremendous reach availability in India. The vast
majority of these advertising expenses have been incurred in the
placement of advertisements in leading magazines and newspapers
published.
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applicable law.
18.That the Plaintiff has also got domain name registered in its favour,
viz: www.mnameek.com [referred to as the said domain name and the
term said Trade mark/Label shall also refer and include the said
domain name of the Plaintiff].
19.That the Plaintiff has also been marketing and/or soliciting and/or
networking its goods/products on marketing websites like
www.indiamart.com and through various online marketplaces like .
20.That the Plaintiff’s said Trade Mark/Label/ Trade Name/ Domain
Name have become distinctive, associated and acquired secondary
significance with the Plaintiff and Plaintiff’s said goods and business.
The purchasing public, the trade industry at large identify and
distinguish the Plaintiff’s said goods under the said Trade Mark/Label/
Trade Name/ Domain Name with Plaintiff and from the Plaintiff’s
source and origin alone and regard them as high quality product
exclusively as that of the Plaintiff. The Trade Mark/Label/ Trade
Name/ Domain Name has acquired secondary significance with the
said goods and business of the Plaintiff alone.
21. That the Plaintiff’s goods and business under its said Trade
Mark/Label/ Trade Name has acquired tremendous goodwill and
enviable reputation in the markets.
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applicable law.
22. The Plaintiff has been regularly and continuously promoting his said
goods and business under his said Trade Mark/Label/ Trade Name
through different means and modes including through their
advertisements and publicity, distribution of trade literature, trade
hoardings and boards etc. The Plaintiff has already spent enormous
amounts of money on its publicity thereof. In consequence thereof and
having regard to the aforesaid including to the excellent quality and
the high standards of the Plaintiffs manufacture and trade under his
said Trade Mark/Label/ Trade Name, they enjoy solid, enduring and
first class reputation in the markets.
23. That the Plaintiff has taken steps to protect its Intellectual Property by
taking various steps from time to time viz. by issuing caution notices
from time to time making the public aware of its said marks and other
Trade Marks/ Label/ Trade Name, taking legal action against
infringers / counterfeiters as well as filing oppositions to the marks
deceptively similar to marks of the Plaintiff.
24.The Plaintiff’s said trade mark/ label are well known Trade Marks
within the meaning of Section 2(1)(zg) of the Trade Marks Act, 1999.
They have already become a distinctive indicium of the Plaintiff and
the Plaintiff’s said goods and business there under. The purchasing
public, trade and public at large associates, identifies and distinguishes
the said Trade Mark/ Label/ Trade Name with the Plaintiff and the
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Plaintiff’s said goods and business alone. The Plaintiff’s goods and
business are dependent thereon. The Plaintiff contends that the said
Trade Mark/ Label / Trade Name are unique words/ Label even they
have acquired secondary significance denoting the said goods and
business of the Plaintiff and are recognized with the Plaintiffs source
alone. They have become synonymous with the goods and business of
the Plaintiff.
25.The Plaintiff is the proprietor of his said Trade Mark/ Label/ Trade
Name both under the statutory law and under the common law.
Nobody can be permitted to use or deal with the same or any other
Trade Mark/ Label / Trade Name trade name identical with or
deceptively similar thereto, either by itself or in its essential/
constituent features including the copyright thereon in relation to the
same/ similar/ allied/ cognate goods or business as that of the Plaintiff
or for that matter any specification of goods or business without the
leave and license of the Plaintiff. Any such violative use will be in
violation of the Plaintiff proprietary Trade Mark and copyright rights.
26.That the Defendant (as mentioned in memo-of-parties) is engaged in
the same business and goods as that of the Plaintiff, i.e., Namkeens,
Snacks, Confectionery and allied/cognate goods, and has adopted and
started using the Trade Mark/
Label/trade-dress/colour-combination/packaging MAD, MAN, MAD
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applicable law.
MAN, (hereinafter referred to as “the impugned Trade Mark/
Label/trade-dress/colour-combination/packaging”) adopting the
trademark similar to the plaintiff’s
trademark/label/trade-dress/colour-combination/packaging. The
impugned adoption is not only similar in trademark but also in
packaging, trade-dress, colour-combination. However, the Plaintiff is
not aware of the exact constitution of the Defendant and it is called
upon to disclose the same upon causing appearance before this
Hon’ble Court.
27.The Defendant has adopted and commercially started using the
impugnedTradeMark/Label/trade-dress/colour-combination/packaging
and a representation whereof is annexed herewith.
28.The Defendant is commercially and in the course of trade using the
“the impugned Trade Mark/
Label/trade-dress/colour-combination/packaging” in relation to its
impugned goods and business. The Defendant is doing so without the
leave and license of the Plaintiff. The Defendant is not the proprietor
of the impugned Trade Mark/ label/ name.
29.The Defendant’s impugned adoption and use of the “the impugned
Trade Mark/ Label/trade-dress/colour-combination/packaging” amply
demonstrate their indulgence in unfair trade and competition. Any
person not knowing clearly the relationship between the parties to this
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applicable law.
action is bound to be confused and deceived by the Defendant use of
the impugned trade mark. Such a person may be led into deception by
the belief that they are dealing with the Plaintiff or some vital links
exists between the Plaintiff and the Defendant or that the goods
bearing the “the impugned Trade Mark/
Label/trade-dress/colour-combination/packaging” is emanating from
the Plaintiff’s source. The impugned adoption of the trade mark/ label
by the Defendant is dishonest, tainted, ill-motivated and is
disseminating confusion and deception. The Defendant is trying to
cash in on the hard built reputation and goodwill of the Plaintiff and
attempting to make easy money.
30.The “the impugned Trade Mark/
Label/trade-dress/colour-combination/packaging” is identical with and
deceptively similar respectively to the Plaintiff’s said Trade Mark/
Label/ trade-dress/colour-combination/packaging in each and every
respect including phonetically, visually, structurally, in basic idea, in
its essential features, get up, make up etc. The Defendant impugned
goods and business is also of the same/ similar/ cognate nature to the
said goods and business of the Plaintiff.
31.By its impugned adoption and user of the impugned Trade Mark/ label
the Defendant is:-
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applicable law.
(a) Infringement of Plaintiff’s trademark MA by adopting the
trademark MAD.
(b) Infringement of Plaintiff’s copyright, lettering style of MA by
adopting the same lettering style MAD.
(c) Infringement of Plaintiff’s trademark MA by adopting the
trademark MAN
(d) Infringement of Plaintiff’s copyright, lettering style of MA by
adopting the same lettering style MAN
(e) Passing off and enabling others to pass off their goods and
business as that of the Plaintiff. The Defendant is thus thereby
violating the Plaintiff common law rights in the Plaintiff’s said
Trade Mark/ Label/ Trade Dress/colour-combination/packaging;
(f) Not only that the Defendant is further guilty of falsification and
unfair and unethical trade practices.
32.The Defendant was not the proprietor of the “the impugned Trade
Mark/ Label/trade-dress/colour-combination/packaging” and has no
right to adopt or use the same as plaintiff’s Trade Mark/
Label/trade-dress/colour-combination/packaging or in any other
manner whatsoever including under the laws of equity, common law
and statutory law in respect of the impugned goods and business or
allied/ cognate thereto or otherwise being in complete violation of the
Plaintiff’s aforesaid rights.
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applicable law.
33.The impugned adoption and user by the Defendant is dishonest,
tainted, malafide and fraudulent. The Defendant adopted and started
commercially using the “the impugned Trade Mark/
Label/trade-dress/colour-combination/packaging” in respect of the
impugned goods and business out of greed and with a view to take
advantage and to trade upon the reputation and goodwill of the
Plaintiff and further with a view to calculate deception and confusion
in the markets and to pass off their impugned goods and business as
that of the Plaintiff and to make easy money at the cost of the
Plaintiff. The Defendant was fully aware or ought to be aware of the
Plaintiffs said rights, users and reputation of the Plaintiff in the
Plaintiff’s said trade mark/
label/trade-dress/colour-combination/packaging at the time of their
impugned adoption and user of the “the impugned Trade Mark/
Label/trade-dress/colour-combination/packaging”.
34.The resemblance between the Plaintiffs said Trade Mark/ Label/
/trade-dress/colour-combination/packaging” and of the “the impugned
Trade Mark/ Label/trade-dress/colour-combination/packaging”
respectively of the Defendant is so close that it can hardly occur
except by deliberate imitation. The Defendant adopted and started
using the “the impugned Trade Mark/
Label/trade-dress/colour-combination/packaging” in full knowledge
of the Plaintiff’s said rights. The unwary purchasers which include
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applicable law.
each and every section of society including the not so well educated
people, Children, house wives and people in the village and semi rural
area are bound to be deceived and are being deceived in dealing with
and purchasing the Defendant impugned goods and business under the
“the impugned Trade Mark/
Label/trade-dress/colour-combination/packaging” under the
impression that it is emanating from the Plaintiffs source or that some
vital links exist between the Plaintiff’s and the Defendant. The
Defendant appears to have been tempted by the singular reputation of
the Plaintiff’s. By its impugned adoption and user of the “the
impugned Trade Mark/
Label/trade-dress/colour-combination/packaging”, the Defendant is
disseminating confusion and deception in the markets with the result
that the spurious goods of the Defendant is being passed off as the
genuine goods of the Plaintiffs. By the impugned adoption and user
deception and confusion is caused in the market.
35.That due to the Defendant’s impugned activities, the Plaintiff is
suffering tremendously in business and goodwill and the Plaintiff’s
said proprietary rights are being reduced to a nullity and being
infringed/ violated. The innocent purchasers are being deceived and
irreparable loss and serious mischief is being caused to the Plaintiff
and to the consuming public. The loss to the Plaintiff cannot be
calculated in terms of money nor can it be so compensated. The
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applicable law.
Defendant is liable to render their full account to the Plaintiff for
ascertainment of profits earned by the Defendant by their impugned
activities and are further liable for payment of profits, so ascertained,
to the Plaintiff.
36.The Plaintiff learnt about the Defendant and their impugned adoption
in the last week of [Insert month], [Insert year] when Plaintiff laid its
hands on the defendant’s impugned products under the impugned
trademark/label/trade-dress/colour-combination/packaging in the
markets of Central Delhi like Paharganj, Karol Bagh and adjoining
areas. Being aggrieved thereby, the plaintiff got it enquired and came
to know that the defendant has filed a trademark application under no.
_______ in class 30 for the impugned Trade Mark/
Label/trade-dress/colour-combination/packaging [Insert image of the
trademark] which was advertised in Trade Marks Journal No.
______dated_______. The said application was filed on _______ with
false user. The plaintiff is taking steps to file notice of opposition to
impugned trademark application as such application is liable to be
refused registration. The plaintiff also came to know about one more
trademark application of the defendant under no. ______in Class 30
for the trademark/label/colour-combination/trade-dress/packaging
[Insert image of the trademark]. This application is under opposition.
The plaintiff is taking steps for joining the proceedings. The impugned
sales of the defendant are in a clandestine and surreptitious manner
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applicable law.
from their premises and that too without issuing formal sale bills. The
Defendant is not only making the retail sales but is also supplying the
impugned goods bearing the impugned trade marks to various
dealers/shopkeepers/retailers in Central Delhi, who are making
clandestine and surreptitious sales thereof to the ultimate unwary
consumers in the markets of Central Delhi viz. Paharganj, Karol Bagh
and adjoining areas etc. The Plaintiff obtained some of the products of
the Defendant bearing the impugned and falsified Trade Mark/
Label/trade-dress/colour-combination/packaging from the markets in
Central Delhi.
37.That the cause of action for the present suit has been set out in
preceding paras. The cause of action arose in the last week of [Insert
month]. [Insert year] when Plaintiff laid its hands on the defendant’s
impugned products under the impugned
trademark/label/trade-dress/colour-combination/packaging MAD,
MAN, MAD MAN in the markets of Central Delhi like Paharganj,
Karol Bagh and adjoining areas. The cause of action again arose when
it came to know that the defendant has filed a trademark application
under no. ______ in class 30 for the impugned Trade Mark/
Label/trade-dress/colour-combination/packaging [Insert image of the
trademark] which was advertised in Trade Marks Journal No. ______
dated _______. The said application was filed on _______ with false
user. The plaintiff is taking steps to file notice of opposition to
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applicable law.
impugned trademark application as such application is liable to be
refused registration. The cause of action also arose when plaintiff
came to know about one more trademark application of the defendant
under no. _______ in Class 30 for the
trademark/label/colour-combination/trade-dress/packaging [Insert
image of the trademark]. This application is under opposition. The
plaintiff is taking steps for joining the proceedings. The cause of
action is still continuing and is accruing day-by-day and shall continue
to accrue till the Defendant ceases with their impugned adoption and
user.
38.That this Hon’ble Court has territorial jurisdiction to try and
adjudicate the present suit. The Defendant is offering to sell and is
supplying, soliciting, networking their impugned goods bearing the
impugned trademark to the dealers and distributors in the markets of
Central Delhi viz. Paharganj, Karol Bagh and adjoining areas etc. The
Defendant is committing the act of infringement and passing off in
Central Delhi by making clandestine and surreptitious sales and
distribution. The Defendant is soliciting through trade websites like
INDIAMART. The trade websites are accessible within the
jurisdiction of this Hon’ble Court being interactive in nature. Hence a
whole or a part of cause of action has arisen within the meaning of
Section 20 of CPC within the jurisdiction of this Hon’ble Court.
Further the Plaintiff is also carrying on its said goods and business
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applicable law.
under its said Trade Marks/Label/ Trade Name in Central Delhi
through its dealers and distributors and also through trade websites
like India Mart and through its own website and is also selling its
products through online marketplaces like AMAZON etc. The
Plaintiff has extensive goodwill and reputation under the said
trademark/labels on account of voluminous sales and advertisement
within the jurisdiction of the Hon’ble Court. This Hon’ble Court
further has the territorial jurisdiction to entertain the present suit
within the meaning of Section 134 (2) of the Trade Marks Act, 1999
and Section 62 (2) of the Copyright Act, 1957.
39.That the Plaintiff values the suit for purposes of Court fee and
jurisdiction in the following manner:-
a. For the grant of permanent injunction as prayed for
in para 40 (a) (i) to (iv) and 40(b),for delivery up as
prayed for in para 40(c), it is valued for the purpose
of court fee and jurisdiction at ________ each and
the court fee of ________each totaling _________ is
affixed.
b. For an order for rendition of accounts of profits
illegally earned by the Defendant as prayed for in
Para 40(d), it is valued for the purposes of
jurisdiction and court fee at _________ and court fee
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applicable law.
of _______is affixed thereon as the Plaintiff
estimates that such an amount shall be found due to
the Plaintiff from the Defendant on rendition of
accounts having gone into. The Plaintiff undertakes
to pay such additional court fees it may be directed
to pay by this Hon’ble Court on the Defendant’s
rendition of accounts and as ascertained of the actual
amount due to the Plaintiff. Total court fee affixed is
_____. In view of the above, it is submitted that this
Hon’ble Court has the sufficient pecuniary
jurisdiction to try and entertain the present suit.
40.The Plaintiff, therefore, prays:
a) For a decree of permanent injunction restraining
the Defendant by itself/themselves as also through
his/their individual proprietors/partners, agents,
representatives, distributors, assigns, heirs,
successors, stockists and all others acting for and
on their behalf from using, selling, soliciting,
exporting, displaying, advertising or by any other
mode or manner dealing in or using the impugned
trademark/label/trade-dress/colour-combination/pa
ckaging MAD, MAN, MAD MAN and/or any
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applicable law.
other word/mark/label/packaging which may be
identical with and/or deceptively similar to the
Plaintiff’s said
trademark/label/trade-dress/colour-combination/pa
ckaging in relation to Namkeen, Snacks,
Confectionary and other allied/cognate/related
products and from doing any other acts or deeds
amounting to or likely to:-
i. Infringement of Plaintiff's registered
trademarks/labels;
ii. Passing off and violation of the
Plaintiff's rights in the Plaintiff's said
trademark.
iii. Violation of the Plaintiff’s trade name
iv. Infringement of Plaintiff's copyrights
in
trademarks/labels/trade-dress/colour-c
ombination/packaging;
b) Restraining the Defendant from disposing off or
dealing with its assets including their
shops/workshop/factory at the addresses
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applicable law.
mentioned in the Memo of Parties and their
stocks-in-trade or any other assets as may be
brought to the knowledge of the Hon'ble Court
during the course of the proceedings and on the
Defendant’ disclosure thereof and which the
Defendant is called upon to disclose and/or on its
ascertainment by the Plaintiff as the Plaintiff is not
aware of the same as per Section 135 (2) (c) of the
Trade Marks Act, 1999 as it could adversely effect
the Plaintiff’s ability to recover costs and
accounts of profits.
c) For an order for delivery up of all the impugned
finished and unfinished materials bearing the
impugned trademarks/labels or any other
word/mark which may be identical with or
deceptively similar to the Plaintiff’s said
trademarks/labels including its blocks, labels,
display boards, sign boards, trade literatures
and goods etc. to the Plaintiff for the purposes
of destruction and erasure.
d) For an order for rendition of accounts of profits
earned by the Defendant by its impugned illegal
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applicable law.
trade activities and a decree for the amount so
found in favour of the Plaintiff on such rendition of
accounts.
e) For an order for cost of proceedings and
f) For such other and further order as this Hon’ble
Court may deem fit and proper in the facts and
circumstances of the present case.
Prayed accordingly.
PLAINTIFF
Through
[Insert name of the

Advocate(s)]
Advocates for the Plaintiff
[Insert address]
Delhi
Dated:______
VERIFICATION:-
Verified that the contents of paras No.1 to 36 of the plaint are true and
correct to my knowledge as derived from the records of the Plaintiff
company while those of paras No. 37 to 39 are true to the information
received and believed to be true. Para 40 is by way of prayer to this Hon'ble
Court. The legal submissions are on advice, believed to be true.
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applicable law.
Signed and verified at New Delhi on this day of ____, 20___.
Plaintiff

COURTS, DELHI
TM NO. OF 20___
IN THE MATTER OF:
VERSUS
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applicable law.
AFFIDAVIT IN SUPPORT OF THE PLAINT
Affidavit of [Insert name], aged about ___ years old, S/o [Insert name],
Director, [Insert company’s name], [Insert address].
I, the above named deponent do hereby solemnly affirm and declare
as under:
1. That I am one of the directors of the Plaintiff company and is also the
authorized signatory of the Plaintiff. I am entitled to institute and
prosecute the instant Suit, including to sign & verify the pleadings,
Vakalatnama, depose on oath and to do all other necessary acts for the
proper conduct of the instant Suit proceedings. Even otherwise I am
well aware of the facts and circumstances of the present case. I am
competent to swear the instant affidavit.
2. That the contents of Paras No.1 to 36 of the plaint are true and correct
to the best of my knowledge as derived from the records of the
Plaintiff and those of the Paras No. 37 to 39 are believed to true on
legal advice received. Last Para No. 40 is by way of prayer to this
Hon'ble Court and that nothing material has been concealed there
from.
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applicable law.
3. The legal submissions are on advice, believed to be true. The
Annexures and documents being filed herewith, in so far as they
pertain to the Plaintiff, are true to their respective originals.
DEPONENT
Verification:
I, the above named deponent do hereby verify that the contents of my
above affidavit are true and correct to my knowledge and belief and
that nothing material has been concealed there from.
Signed and verified at New Delhi on this day of [Insert month],
[Insert year].
DEPONENT
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applicable law.
COURTS, DELHI
TM NO. OF 20___
IN THE MATTER OF:
VERSUS
APLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER

39 RULE 1 & 2 READ WITH SECTION 151 CPC.
MOST RESPECTFULLY SHEWETH:-
1. That the instant suit is pending disposal before this Hon’ble Court.
The Plaintiff relies upon the contents and averments made in the
plaint, the contents of which may be referred to and are not repeated
herein for the sake of brevity.
2. The Plaintiff/applicant establishes a prima facie case in its favour. The
balance of convenience is also in favour of the Plaintiff/applicant and
against the Defendant. The Plaintiff shall suffer and continue to suffer
irreparable loss and injury which can never be compensated in
monetary terms unless an immediate order of interim injunction,
including an ex-parte order, restraining the Defendant from
committing the impugned acts of passing off and infringement is
passed. The said order of injunction is the only effective and
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applicable law.
appropriate remedy. The order of injunction will also protect the
interest of the purchasing public.
PRAYER
Under the circumstances, it is humbly prayed that during the
pendency of this suit, this Hon’ble Court be pleased to –
3. The Plaintiff , therefore prays :-
a. Issue an ad-interim injunction restraining the
Defendant by itself/themselves as also
through his/their individual
proprietors/partners, agents, representatives,
distributors, assigns, heirs, successors,
stockists and all others acting for and on their
behalf from using, selling, soliciting,
exporting, displaying, advertising or by any
other mode or manner dealing in or using the
impugned
trademark/label/trade-dress/colour-combinatio
n/packaging MAD, MAN and/or any other
word/mark/label/packaging which may be
identical with and/or deceptively similar to
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applicable law.
the Plaintiff’s said
trademark/label/trade-dress/colour-combinatio
n/packaging in M, [Insert image of the
trademark], MA, in relation to Namkeen,
Snacks, Confectionary and other
allied/cognate/related products and from
doing any other acts or deeds amounting to or
likely to:-
i. Infringement of Plaintiff's registered
trademarks/labels;
ii. Passing off and violation of the Plaintiff's rights
in the Plaintiff's said trademark.
iii. Violation of the Plaintiff’s trade name
iv. Infringement of Plaintiff's copyrights in
trademarks/labels/trade-dress/colour-combinati
on/packaging;
b. Restraining the Defendant from disposing off or
dealing with their assets including their premises at the
addresses mentioned in the Memo of Parties and their
stocks-in-trade or any other assets as may be brought
to the notice of the Hon’ble Court during the course of
28
applicable law.
the proceedings and on the Defendant’s disclosure
thereof and which the Defendant is called upon to
disclose and/or on its ascertainment by the Plaintiff as
the Plaintiff is not aware of the same as per Section
135(2)(c) of the Trade Marks Act,1999 as it could
adversely affect the Plaintiff’s ability to recover the
costs and pecuniary relief thereon.
Having regard to the aforesaid and delay being fatal an
ex-parte order of injunction in terms of the above be also
issued. The Plaintiff is also granted the costs of the
proceedings.
Such other and further relief(s) may also be granted as this
Hon’ble Court may deem fit and proper in the facts and
circumstances of the case.
Prayed accordingly,
PLAINTIFF
Through
[Insert name of the

Advocate(s)]
[Insert address]
Delhi
Dated:______
29
applicable law.
30
applicable law.
COURTS, DELHI
TM NO. OF 20__
IN THE MATTER OF:
VERSUS
Affidavit
as under:
2. That the contents of the accompanying application under Order 39
Rule 1 & 2 CPC read with Section 151 CPC are true and correct to my
knowledge as derived from the records of the Plaintiff Company. The
31
applicable law.
Legal Submissions made therein are on advise and believed to be true
and that nothing material has been concealed there form.
DEPONENT
Verification:
Signed and verified at New Delhi on this day of [Insert month],
[Insert year].
DEPONENT
32
applicable law.
COURTS, DELHI
TM NO. OF 20__
IN THE MATTER OF:
VERSUS
APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER

26 RULE 9, ORDER 39 RULE 7 CPC READ WITH SECTION 151
CPC FOR APPOINTMENT OF LOCAL COMMISSIONER.
Most respectfully sheweth:
1. That the above noted suit is pending disposal before this Hon’ble
Court. The Plaintiff has also moved an application for interim
injunction in the instant suit. The Plaintiff craves leave from this
Hon’ble Court to refer and rely upon the contents and averments
made in the plaint and interim injunction application, the same may
kindly be referred to, which are not repeated again for the sake of
brevity.
2. That Plaintiff learnt from the trade and market that the Defendant have
stocked a large quantity of impugned goods under impugned trade
mark at their premises mentioned in memo of parties and in their
respective godowns. The Plaintiff has further learnt that the Defendant
are about to release the impugned goods in the markets and has
33
applicable law.
meticulously planned for the aforesaid. If the Defendant succeeds in
doing it, the Plaintiff shall suffer irreparable loss and injury in terms
of its business and reputation. Besides the Plaintiff, the consumers
shall also be a great sufferer as the public will be cheated and
deceived to purchase the impugned goods under the belief that such
impugned goods are coming from the Plaintiff’s source.
3. That the Plaintiff apprehends that on being served with the notice of
the interim injunction application, the Defendant might remove the
stock of the impugned goods bearing impugned Trade Mark/Label and
deny their involvement in the illegal trade activities. The Defendant
may further tamper with his account books and fabricate evidence and
raise false evidence and defenses.
4. That in order to obviate the said possibility and in order to elucidate
the matter in controversy it is necessary that a Local Commissioner be
appointed to visit the premises of the Defendant (as mentioned in
memo of parties) bearing the impugned Trade
Mark/Label/trade-dress/colour-combination/packaging and/or any
other word/mark/label/packaging which may be identical with and/or
deceptively similar to the Plaintiff’s said
trademark/label/trade-dress/colour-combination/packaging, in relation
to Namkeen, Snacks, Confectionary and other allied/cognate/related
products.
34
applicable law.
PRAYER
5. Under the circumstances stated hereinabove, it is humbly prayed that
this Hon’ble Court may be pleased to appoint a Local Commissioner
and direct him:
a. To visit the premises of the Defendant (as mentioned
in memo of parties) and in their respective godowns,
and take in his custody all the impugned goods
including other incriminatory material like stationery,
packing material, pouches, cartons, display boards,
sign boards, advertising material, unfinished packed,
unpacked impugned goods or any other documents,
wrapper etc. bearing impugned Trade
Mark/Label/trade-dress/colour-combination/packagin
g and/or any other word/mark/label/packaging which
may be identical with and/or deceptively similar to the
Plaintiff’s said
trademark/label/trade-dress/colour-combination/packa
ging in relation to Namkeen, Snacks, Confectionary
and other allied/cognate/related products.
b. To visit other premises of the Defendant at the
identification to the Plaintiff, where the impugned
activities are being carried on by or on behalf of the
35
applicable law.
Defendant or where the impugned goods/materials (as
mentioned above) are expected to be found.
c. To sign the account book including ledgers, cash
register, stock register, invoices, books etc, of the
Defendant.
d. To take photographs and make video recordings of
afore mentioned impugned products (as mentioned in
Para No. 5(a) of the instant application) of the
Defendant.
e. To break upon the locks, if required, for taking
possession of the impugned goods;
f. To seek police assistance from the local police station,
if required, for execution of the commission.
g. Such other and further order(s) may also be passed in
favour of the Plaintiff, which this Hon’ble Court may
deem fit and proper in the facts and circumstances of
the case.
Prayed accordingly,
PLAINTIFF
36
applicable law.
Through
[Insert name of the

Advocate(s)]
[Insert address]
Delhi
Dated:______
37
applicable law.
COURTS, DELHI
TM NO. OF 20___
IN THE MATTER OF:
VERSUS
Affidavit
as under:
Rule 9, Order 39 Rule 7 CPC read with Section 151 CPC are true and
correct to my knowledge as derived from the records of the Plaintiff
Company. The Legal Submissions made therein are on advise and
38
applicable law.
believed to be true and that nothing material has been concealed
therefrom.
DEPONENT
VERIFICATION:
DEPONENT
39
applicable law.
COURTS, DELHI
TM NO. OF 201___
IN THE MATTER OF:
VERSUS
APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER

13 RULE 1 CPC READ WITH ORDER 7 RULE 14 CPC READ WITH
SECTION 151C.P.C.
MOST RESPECTFULLY SHEWETH:
1. That the Plaintiff is filing herewith the accompanying Suit. The
Plaintiff craves leave from this Hon’ble Court to refer and rely
upon the contents of the Plaint, which may be considered as
part and parcel of the instant application and that the same are
not repeated here for the sake of brevity.
2. That the Plaintiff is filing photocopies of the documents along
with the Plaint. The Plaintiff undertakes to file the
original/certified copies of the originals as and when directed
by this Hon’ble Court. The present Suit is filed on urgent basis
and the purpose of filing the present Suit shall be frustrated in
case the petitioner is to wait, till the same file the original
documents.
40
applicable law.
PRAYER
Under the facts and circumstances of the present case, it is most
respectfully prayed that at this stage the Plaintiff is exempted from:-
(i) filing the original/certified copies of the documents.
(ii) Such other relief which this Hon’ble Court may deem fit and proper
may also be passed in favour of the Plaintiff.
Prayed accordingly,
PLAINTIFF
Through
[Insert name of the

Advocate(s)]
[Insert address]
Delhi
Dated:______
41
applicable law.
COURTS, DELHI
TM NO. OF 20___
IN THE MATTER OF:
VERSUS
Affidavit
as under:
Rule 1 CPC read with Order 7 Rule 14 CPC read with Section
151C.P.C are true and correct to my knowledge as derived from the
42
applicable law.
records of the Plaintiff Company. The Legal Submissions made
therein are on advice and believed to be true and that nothing material
has been concealed therefrom.
DEPONENT
Verification:
DEPONENT
43
applicable law.
COURTS, DELHI
TM NO. OF 20___
IN THE MATTER OF:
VERSUS

KNOW All to whom these presents shall come that I, [Insert name],
Authorised Signatory of the above named Plaintiff do hereby appoint:
[Insert names of the advocate(s)]

Advocates of
[Insert law firm’s name]
[Insert law firm’s address]
hereinafter called ‘advocates’ to be my/our advocates in the above
noted case and authorize them:
To act, appear and plead in the above noted case in this Court or in
any other Court in which the same may be tried or heard and also in the
appellate Courts.
To sign, file, verify and present pleadings, replication, appeals,
cross-objections or petitions for executions, review, revision, restoration,
withdrawal, compromise or other petitions, replies, objections or affidavits
or other documents as may be deemed necessary or proper for the
prosecution of said case in all its stages.
To file and take back documents.
To withdraw or compromise the said case or submit to arbitration any
differences or disputes that may arise, touching or in any manner relating to
the said case.
To take out execution proceedings.
To deposit draw and receive moneys, cheques and grant receipts
therefore and to do all other acts and things which may be necessary to be
done for the progress and in the course of the prosecution of the said case.
To appoint and instruct any other legal practitioner authorizing him to
exercise the power and authorities hereby conferred upon the advocates
whenever they may think fit to do so and to sign the power of attorney on
my/our behalf.
And I/we the undersigned do hereby agree to ratify and confirm acts
done by the advocates or their substitutes in the matter as my/our own acts,
as if done by me/us to all intents and purposes.
44
applicable law.
And I/we undertake that I/we or my/our duly authorized agent would
appear in court on each day of hearing and will inform the advocates for
appearance when case is called.
And I/we the undersigned do hereby agree not to hold the advocates
or their substitute responsible for the result of the said case, consequence for
his absence from the court when the said case is called for hearing or for any
negligence of the said advocates or their substitute or for any other act
performed by the advocates or their substitute.
And I/we the undersigned do hereby agree that if any cost is allowed
to me/us for any adjournment or otherwise the advocates would be entitled
to the same.
And I/we the undersigned do hereby agree that in the event of the
whole or any part to the fee agreed by me/us to be paid to the advocates
remain unpaid they will be entitled to withdraw from the prosecution of the
said case without any further reference/intimation to me/us.
IN WITNESS WHEREOF I/we do hereunto set my/our hand to these
presents the contents of which have been understood by me/us this day of
[Insert month] [Insert year].
Accepted
(Insert name of [Insert name of the
the advocate) advocate]
Advocate Advocate
PLAINTIFF
Through [Insert
name]
45
applicable law.

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IN THE COURT OF DISTRICT JUDGE-CENTRAL AT TIS HAZARI

IN THE MATTER OF:

[Insert name] … PLAINTIFF

[Insert name] …DEFENDANT

SUIT UNDER SECTION 134 & 135 OF TRADEMARKS ACT, 1999

MOST RESPECTFULLY SHOWETH:

1. The Plaintiff is a company incorporated and existing under the

Companies Act, 1956 having its registered office at [Insert address].

[Insert name] is the authorized signatory of the Plaintiff and

competent to sign the Vakalatnama, sign and verify the pleadings,

2. That the Plaintiff is engaged in the business of manufacturing and

marketing of wide range of goods including Namkeens, Snacks,

Confectionery, savouries and other allied and related goods

(hereinafter referred to as the said goods).

well as Hindi) in relation to aforementioned goods. It is submitted that

4. The Plaintiff through their predecessors (M NAMKEEN BHANDAR)

adopted the said trade mark M in the year ____.

5. The trademark M has been assigned vide deed of assignment dated

[Insert date] between the plaintiff and its predecessor M/s M

NAMKEEN BHANDAR. The term “plaintiff” hereinafter includes

the plaintiff and its predecessor M/s M NAMKEEN BHANDAR.

6. The plaintiff then expanded the trademark M, [Insert image of the

trademark] into various variants/formative trademarks like [Insert

continuously using the same since then up to the present time.

distributed in major parts of the country.

8. That in order to secure the statutory right in the said Trade

Plaintiff’s registered Trade Marks are mentioned below:

. No Trade Mark Application Class MARK/ Status

1. _______ 30 Label Registered

2. _______ 30 Label Registered

Trade Marks/Labels to obtain registrations and are likely to be registered

predecessor]. But was removed on the basis of non-renewal. The plaintiff

Delhi High Court in this regard.

9. That in its adoption of the said trade Mark/Label/Trade name, the

Plaintiff has been honestly & bonafidely, continuously, commercially,

openly, exclusively and to the exclusion of others, uninterruptedly and

Trade Marks/ label/Trade Name as trade marks in relation to its said

under and acquired proprietary rights therein.

associated with the aforesaid goods on account of its long, continuous,

trade mark are highly demanded in the markets on account of standard

goods of the Plaintiff.

no. ____________, ____________ for the artistic work of M

NAMKEEN (label). Some more registrations are also likely to be

course of trade in relation to its said goods and business inter-alia

within the meaning of Section 14 of the Copyright Act, 1957.

business by adopting the trademark MA, [Insert image of the

trademark], MA in [Insert year]. These trademarks were launched in

trademarks/labels have already become distinctive and associated with

the aforesaid goods on account of its long, continuous, extensive and

highly demanded in the markets on account of standard quality. The

13.That in order to secure the statutory right in the said Trade

Trade Marks registration pertaining to its said Trade Marks/ Label. It

Plaintiff’s registered Trade Marks are mentioned below:

. No Trade Mark Application Class MARK/ Status

1. MA _____ 30 Word mark Registered

proprietor of the copyright therein within the meaning of the Indian

works/copyright in the course of trade in relation to its said goods and

business inter-alia within the meaning of Section 14 of the Copyright

depicting relevant sales figures are being filed herewith.

through different medias such as advertisement in leading newspapers,

trade magazines, distribution of trade literature, trade novelties etc.

under through extensive advertisements, publicities, promotions and

enormous amounts of moneys, efforts and time thereon. The Plaintiff

no. , for the artistic work of M