Trademark or Copyright Infringement Cease and Desist Letter - Word & PDF Template Form

________
________

Email: ________ | Telephone: ________

Date: ________

Ref: ________

BY REGISTERED POST WITH ACKNOWLEDGEMENT DUE AND BY EMAIL

To:

________
________

Dear ________,

Sub: Cease and desist notice for infringement and passing off of registered trademark “________” (Registration No. ________)

§ 1. Capacity and Title to the Mark

1.1. I, ________, am the registered proprietor of the following trademark (hereinafter the “Original Trademark”):

________

1.2. The Original Trademark is registered under Registration No. ________ in Class ________ of the Fourth Schedule to the Trade Marks Rules, 2017, on the Register of Trade Marks maintained by the Registrar of Trade Marks under the Trade Marks Act, 1999, registered with effect from ________ and valid and subsisting until ________. A true copy of the Registration Certificate is enclosed herewith for your reference.

1.3. By virtue of such registration, I am, under Section 28 of the Trade Marks Act, 1999, vested with the exclusive right to the use of the Original Trademark in relation to the goods and/or services in respect of which it is registered, and to obtain relief in respect of any infringement thereof.

§ 2. Goodwill and Reputation in the Original Trademark

2.1. I have continuously and extensively used the Original Trademark in the course of trade since as early as ________, and have expended considerable time, effort and monies in promoting, advertising and building the reputation and goodwill associated therewith.

2.2. By reason of such long, continuous and exclusive use, the Original Trademark has acquired substantial goodwill and distinctiveness, and has come to be exclusively associated by members of the trade and public with me and the goods and/or services offered by me. The Original Trademark is an asset of substantial commercial value to me.

§ 3. Your Infringing Acts

3.1. It has recently come to my attention that you are, without my licence, consent or authority, using the following mark / a mark identical with or deceptively similar to the Original Trademark in connection with your goods and/or services:

________

3.2. The mark used by you is identical with and/or deceptively similar to the Original Trademark in, inter alia, the following respects:

________

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§ 4. Statutory Violations

4.1. Your unauthorised use of a mark identical with or deceptively similar to the Original Trademark constitutes infringement of my registered trademark under Section 29 of the Trade Marks Act, 1999.

4.2. Your acts further amount to passing off your goods and/or services as and for those of mine, thereby trading upon and misappropriating the goodwill and reputation vested in the Original Trademark, which is actionable under Section 27(2) of the Trade Marks Act, 1999, and the common law.

4.3. Your conduct additionally dilutes the distinctiveness of, and causes detriment to, the repute of the Original Trademark, and amounts to unfair competition. Your continued use, with knowledge of my registered rights, may also attract penal consequences under Sections 103 and 104 of the Trade Marks Act, 1999.

§ 5. Demand

5.1. In the premises, I hereby call upon you, and without prejudice to and without limiting any of my rights and remedies, to:

(i) immediately and permanently cease and desist from any and all use, adoption, advertisement, display, manufacture, sale or offer for sale of the impugned mark or any mark identical with or deceptively similar to the Original Trademark, in any manner whatsoever;

(ii) withdraw and destroy all goods, packaging, labels, stationery, advertising and promotional material, signage and online content bearing the impugned mark, and remove all references thereto from all digital platforms, domain names, social media handles and trade channels;

(iii) withdraw any pending application for registration of the impugned mark before the Trade Marks Registry;

(iv) render a true account of all profits earned by you through the use of the impugned mark; and

(v) within a period of 7 (seven) days from the date of receipt of this letter, acknowledge receipt hereof and furnish to me a written undertaking confirming that you have complied and shall comply with the demands set out above, and that you will not use the impugned mark in any manner in the future without my prior written permission.

§ 6. Consequences of Non-Compliance

6.1. Should you fail to comply with the demands set out in § 5 above within the stipulated period, I shall be constrained to initiate appropriate civil and/or criminal proceedings against you before the competent court at ________, inter alia for permanent injunction, rendition of accounts, delivery up, damages and costs, entirely at your risk as to costs and consequences, and to seek all other reliefs and remedies available to me in law and equity.

§ 7. Reservation of Rights

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Sincerely,

___________________

________

(Registered Proprietor of the Original Trademark)

Encl.: Copy of Trademark Registration Certificate No. ________