Notice regarding Infringement and/or Passing off the Trade Mark
Date
To
XY Co. Ltd-
3 White Road
Calcutta
Dear Sirs
Our Client: RP Co. Ltd., USA Re: Infringement of Trade Mark COMOF.
Under instructions from our above client we address you as follows:
Our client carries on business as manufacturer of and dealer in Computers for office purposes under the Trade Mark COMOF No. 5 in Class I for Computers and its components.
The said Trade Mark COMOF has been advertised in the Newspapers and particularly in the Trade Marks Journal Issue No. 5 dated 5th July 1991.
Our client has been using the said Trade Mark COMOF since 1991 which has acquired a distinctive feature in respect of the goods of our client by such continued and extensive use of the said Trade Mark and advertisements thereof. The high standard of the performance of the Computers COMOF has come to be exclusively associated in the minds of the public with our client's goods. Our client is an established manufacturer of and dealer in computers for office purposes.
It has come to our client's knowledge that you have been manufacturing and selling computers for office use under a Mark COMFO. The get-up, packing and mark of your computers are deceptively similar to that of the our client's computers, both in look and phonetically.
You were aware of our client's said COMOF computers for office purposes at the time of your initial business enquiries, market research and setting up of your factory and marketing the products. In spite of such knowledge of our client's products and Trade Mark the manufacturing and marketing of your computers with the Mark COMFO have been with the mala fide intention to trade over our client's goodwill and reputation which our client has built up by spending huge amounts apart from expenditure for the research and development of our client's computers.
Your product under the Mark COMFO in the market and our client's Trade Mark COMOF have given rise to confusion and deception in the public mind and specially the intended user of the computers.
By your wrongful use of the Mark COMFO for marketing the computers for office use knowing fully well our client's established Trade Mark COMOF for computers for office use, you have made yourself liable to legal proceedings both Civil and Criminal under the Trade and Merchandise Marks Act 1958.
In the premises, we call upon you to cease and desist forthwith from using the Mark COMFO and agree in writing to destroy all your dies, blocks, labels and cartons and printed or packing materials and give an undertaking to our client's satisfaction.
If we do not hear from you within a period of two weeks from the date of receipt of this notice we have instructions to take appropriate legal proceedings against you without further notice and in that event you will be held solely responsible for all costs and consequences thereof.
Yours faithfully
Advocate for RP Co. Ltd.