CEASE AND DESIST NOTICE UNDER TRADE MARKS ACT, 1999

20 Mar CEASE AND DESIST NOTICE UNDER TRADE MARKS ACT, 1999

WITHOUT PREJUDICE

NOTICE TO CEASE AND DESIST

From,

Mr. Akashit J Chkravarty,

Plot No 625, Block-J, Chandrika Nagar, Sital Puri- New Delhi-110058

Dated-21^st March 2021

 By hand delivery, mail and speed post.

To,

Vikasin saradendu, The Foodie Stock,

F, 216-217, Golden  80 Mall Gruhangaon,  Haryana -122505

Sir,

Re:       Trade mark: THE CORN  SHACK- Application No. 49499785 in Class 30

In the name of Shri Vishal Chauhan.

I Shri Akashit J Chkravarty ,  the proprietor of the Trade Mark THE CORN  SHACK Application No. 49499785 in Class 30 under The Trade Marks Act 1999 and as owner of the above trademark I am fully authorized to address you as under:

1. My Trademark THE CORN  SHACK is registered in class 30 under The Trade Marks Application Number 3499785 bearing the Registration certificate number 9639674  dated: 04/09/2017 notified in Trade Marks Journal No: 1815 Trade Marks Act 1999.

2.My services for which the Trade Mark is registered are RICE, ATTA, SUJI, MAIDA, BROKEN PULSES READY FOR USE AND FLOUR FROM THE DHALS, MAIZE (COARSE- MAIZE FLOUR, SUGAR, TAPIOCA, TAPIOCA FLOUR.

4.    By virtue of prior adoption, continuous use and registration, I  enjoy exclusive proprietary rights in the trade mark  (THE CORN  SHACK) and members of the trade and public recognize the said trade mark as distinctive of the my services and business and the same will always have an exclusive and unequivocal association with my service and business.  As the services provided and sold under the said trade mark conform to high standards of quality, they enjoy much valuable reputation and goodwill. My Trademark has gained enormous popularity and has attained the status of “well-known” trade mark within the provisions of  Section 2(1)(zg) read with Sections 11(6), (7), (8) and (9) of the Trade Marks Act, 1999.
5.     It has recently come to my attention that you are using my trademark/ identical/similar trademark class 43 in respect of identical/similar services. As you would note, the impugned mark is identical to our mark THE CORN SHACK. Moreover, the services under the impugned mark are same/similar to the services in respect of which my trademark THE CORN  SHACK is used/registered.

5      The impugned mark is a blatant imitation of my prior, registered and well-known trade mark THE CORN  SHACK. Your adoption/proposed use of  an identical mark is patently mala fide and intended solely to illegally benefit from the goodwill and reputation associated with my prior, registered and well-known trade mark THE CORN  SHACK. It is inconceivable that you have independently invented/coined or adopted the impugned mark.

6. I reiterate that my trade mark THE CORN  SHACK is well-known and any use of the impugned mark by you will undoubtedly lead to confusion and deception in the minds of the consumers and will lead them into believing that you are somehow affiliated with me, which is not the case. Moreover, such wrongful use of the impugned mark will lead to dilution of the distinctive character, goodwill and reputation vested in my trade mark. Your conduct in this regard is contrary to law and I am entitled to avail all legal remedies available under the law. I bring the following legal remedies available to me under S. 103 of trade Marks Act, 1999 for your immediate attention.

THE TRADE MARKS ACT, 1999

 CHAPTER XII

OFfENCES, PENALTIES AND PROCEDURE

 “103. Penalty for applying false trade marks, trade descriptions, etc.—Any person who— (a) falsifies any trade mark; or

(b) falsely applies to goods or services any trade mark; or

(c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trade mark; or

(d) applies any false trade description to goods or services; or

(e) applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 139, a false indication of such country, place, name or address; or

(f) tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 139; or

(g) causes any of the things above mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.”

1. Be that as it may, I would like to amicably resolve the matter, if possible, before deliberating on taking appropriate legal remedies against your illegal use of my trademark. Without prejudice to any of my rights, I request you to:
2. Cease, stop and desist immediately from using my Trade mark or any mark deceptively or confusingly similar/identical to my prior, registered and well-known trade mark THE CORN  SHACK and forward me the proof of Cease, stop and desist immediately.  Cease, stop and desist immediately from using my Trade mark from signboards, letterheads, bill books, invoices, visiting cards, websites, facebook, instagram and all other offline, online, print and digital medium and forward me the proof of removal in writing.
3.    Pay an amount of Rs. 5 Lac within 3 weeks for the unauthorized use of my trademark and causing huge loss to my registered trade mark and business, for causing me anxiety, loss of mental peace, for arousing the feeling of insecurity and restlessness by infringing my registered trademark in illegal manner and using the same for your own financial gains. The amount is justified keeping in view your place of service in a prominent place like The Foodie Stock, F, 216-217, Golden 80 Mall  Gruhangaon,  Haryana -122505  where very high sales turnover is expected every single day of the week.
4. Furnish an undertaking (in accordance with the attached specimen) to the effect that you will henceforth never use my trademark or any other mark deceptively or confusingly similar/identical to my trade mark THE CORN SHACK in any manner including signboards, letterheads, bill books, invoices, visiting cards, websites, facebook, instagram and all other offline, online, print and digital medium and in relation to any goods/services whatsoever. The undertaking should be executed on your letterhead, addressed me and the original document forwarded to my address.

8  I look forward to an amicable resolution of the matter, if possible. Nonetheless, no statement contained in this letter should be construed as waiving of or otherwise prejudicing my rights in the event this matter is not amicably resolved.

9. I look forward to hearing from you within the next 15 days before taking appropriate legal action.

Kindly acknowledge receipt of this letter.

Yours sincerely,

Mr. Akashit J Chkravarty,