Draft Trade Mark Caution Notice

TRADE MARK CAUTION NOTICE

                  Our client………………. (Name, address and State of the
Company), India bring to the notice of the investing public persons
engaged in the …………………… (Name of product of Company) as
well ……………….(Name of the other products) empowered to
sanction trade names and permit participation in the ………………..
(Name of market), that there is only one……………. (Name of the
company) which has the exclusive right under the law to use the
service mark/trade mark/corporate name……………….(Name of the
Company) either alone or in conjunction with another name, and
that organisation is……………….(Name of Company).
1.Our client had coined and adopted the expression………….(Name
of Company) and using it as its trade mark and service mark. 
2.Our client enjoys tremendous degree of investor confidence
because of its continuous and rapid strides in performance.
3.Our client is a zero debt company and its share price has
witnessed quantum growth since it was first listed on the
…………………. (Name of Stock Exchange). 
4.The high level of goodwill and reputation that has come to be
vested in…………(Name of Company) worldwide has made the
trademark ………………(Name of Company) distinctive of our client
not only in respect of………… goods and services, but goods and
services of all description and kind. Today……………..(Name of
Company) is recognized as one of the most reputed and well known
brands in the country. In has become a household name.
5.In order to accord statutory protection to the trademark
…………….(Name of Company) our client has subsisting
registrations pending application in all 42 classes under the Trade
Marks Act, 1999.  The goods and services for which such
registration have been obtained or applications filed,
cover……………(Name of subsidiary products).
The trademark…………….(Name of Trademark)is also registered or
pending registration in several other countries, including
……………….(Name or countries).
6.Our client attached great importance to its trademark/trademark
and has filed/institution Civil Suits in several courts all over India
including proceeding before the Department of Company Affairs,
against companies/firms using the mark/name………….. (Trade
name) as their trademark or corporate name. In a writ petition filed
in the Hon’ble High Court at ………..(Name of Court) by our client,
the respondents therein, including the Union of India have been
restrained from permitting incorporation of any company with the
world …………..(trade name ) as it corporate name. Our client shall
continue to take legal action against companies/firms who use our
client’s mark/name.
The investing public is alerted against putting its hard-earned
money or trust in any such company who might include them to
invest by wrongfully projecting its association with our
client…………..(Name of Company) by making unauthorized use of
the registered trademark and corporate name of our client.
7.Our client also warns all those who are using or intending or use
the expression…………..(Name of Company)in respect of nay goods
or services that such would constitute invasion upon the
proprietary rights of our client vis-à-vis the Trade mark/corporate
name …………(trade name) and our client would not hesitate to
institute appropriate legal action against them, including criminal
action.
8.The investing public, consumers, manufactures, dealers and
stockist, merchant bankers and stock broking firms are hereby
 cautioned against such piracy and misrepresentation and are
requested to bring to the notice of our client instances of such
illegal acts and inducement. This would enable our client instances
of such illegal acts and inducement.  This would enable our client
to institute appropriate steps against such firms/companies who
are not only causing loss and damages to our client, but are acting
to prejudice of the public as well.
  ___________________________________________________________
Rohit Krishan Naagpal, M.Com , LL.B
Advocate , Supreme Court of India
For Kaizen Lex Advisors

Posted 25th October 2014 by Kaizen Lex

Labels: Court Delhi India IPR Lawyer Notice Trade Mark
 
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1.

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