To,

12884 Frontrunner Blvd, Suite 220

Draper, Utah 84020.

Date: 08.09.2021

Subject: Trade Mark details of INTELLIPAY

Dear sir/ma’am,

OPPOSITE PARTY LOGO APPLICANT LOGO

1. The Applicant is aggrieved by the fact that the opposite party is using the logo which
is deceptively similar to the Applicant’s logo for the use of online fee payment system
in the school from year 2017.
2. The logo of opposite party is powered by the Intellischools specializes in creating
Mobile and Web based Applications for Schools that enhance the School
Management Process. It also has India’s largest common admissions platform for
schools. Whereas Intellischools come under the ambit of the No Paper forms solutions
Private Limited ( https://intellischools.org/contact).
3. The Opposite Party’s logo has been developed by the company known as “A
company of No Paper Forms” which has registered head office at 1st Floor, Plot No.
242&243,AIHP Palms , Udyog Vihar, Phase 4, Gurugram Harayana-122016.
(https://www.nopaperforms.com/contact-us/).
4. This is especially true in the matter of phonetic similarity. A meticulous comparison
of the words, syllable by syllable, has to be taken into consideration as the Applicant’s
logo ‘IntelliPay’ has been written with two different colours that is black and blue .On
dissection of the word ‘Intelli’which is in black colour ink and ‘Pay’ is in the blue
colour ink. Whereas opposite party’s logo has been written one single colour that is
sea green and the word ‘Pay’ has full background of sea green. The use of the word
 “A company of no paper forms” below the word of Intellipay has not give any
distinguish feature to the mark.
5. The whole word/mark is to be considered. An ordinary man would not split a word or
name, in a trade mark, into its components, but would go by the overall structural and
phonetic similarity of the marks which opposite party has been trying to infringed the
originality of the word of the applicant which has been registered as per by the Trade
Mark Act 1999.
6. The Applicant has filed for Trade Mark Registration on August 21,2017 having its
registration number 87577467
(https://www.trademarkelite.com/trademark/trademark-
detail/87577467/INTELLIPAY) and 87577479
(https://www.trademarkelite.com/trademark/trademark-
detail/87577479/INTELLIPAY) since then he has the exclusive right to use the
mark/word “Intellipay” which has been founded by the CONVENIENT
PAYMENTS, LLC for the use of Computer software and computer applications for
merchants to provide payment solutions via the internet, wireless transactions,
websites, mail orders, telephone orders, retail stores, and call centers in the field of
electronic transaction and payment processing etc.
7. On reliance of the section 28 and section 29(2)(b) of the Trade Mark Act 1999
opposite party has clearly infringed the rights of the applicant.
8. On meticulous comparison it has been observed that the opposite party is knowingly
has taken the mark/word which has already been taken by the applicant and thus has
infringed the rights of the applicant under Trade Mark Act and thus liable to be
restrained from further using of this word/mark “Intellipay” by the opposite party.
9. The Applicant wishes to oppose the mark forming subject matter of online payment
“Intellipay” (hereinafter referred to as “impugned mark”) inter alia in respect of all
the goods for which the opponent is seeking registration.
10. The opposite party is attempting to register a mark which is of such nature as to
deceive the public and cause confusion. The registration of the impugned mark is
therefore liable to be refused registration under the provisions of Section 9(2)(a) of
the Trade Marks Act, 1999.
11. The adoption and use, if any, of the impugned mark by the opposite party being
neither honest nor bona fide and the opposite party is therefore not entitled to claim
registration under Section 11(10) of the Trade Marks Act, 1999.