Complaint For Infringement of Trade Mark

Complaint for infringement of trade mark
Complainant
versus…
Accused opposite party
The humble petition of the Complainant above-mentioned most respectfully

Sheweth:
1. RP Co. Ltd. is a manufacturer of and dealer in Computers for office purposes having
its registered office in San Francisco, U.S.A. and a Branch at No. 1 D.N Road, Mumbai,
Police Station Hare Street.
2. The complainant is the Registered Proprietor of the Trade Mark comop in respect of
the computer for office purposes and its components being Registered Trade Mark No.
5 in Class I in respect of Computers for office purposes and its components. A certified
copy of the registration of the said Trade Mark which is subsisting is annexed hereto
marked 'A'.
3. The complainant made application for registration of the said Trade Mark at the Trade
Mark Registry, 15/1 Jawaharlal Nehru Road, Mumbai within the jurisdiction of this
Learned Court. The said application was advertised in Trade Marks Journal No. 6
dated………..at page 10. A Xerox copy of the said advertisement as appearing in the
said Journal in relation to the said Trade Mark is annexed hereto marked 'B'.
4. The said Trade Mark is valid and subsisting and will remain to be so for another three
years.
5. The complainant is the Registered Proprietor of the said Trade Mark and has been
using the same in India and abroad since last several years.
6. The complainant has spent huge sums of money for advertisement in respect of the
said Trade Mark. Particulars of expenses are given in a Schedule annexed hereto
marked 'C-
7. The sale of the computers under the said Trade Mark both in Indian market and in
foreign markets for the last 10 years are given in a schedule annexed hereto marked
'D'.
8. The complainant has been spending huge sums of moneys in carrying out the sales
promotion and publicity of its products under the said Trade Mark and built up high
reputation about the goods, goodwill and utility of its products and the name has been
associated in the minds of the purchasing public with the name of the complainant and
no one else and the said Trade Mark and no other Trade Mark. Such reputation and
goodwill are still enjoyed by the complainant in Mumbai and elsewhere in India and
abroad.
9. The complainant has recently come to know that the accused opposite party is using
an identical Trade Mark in respect of computers for office use with similar description to
those of the complainant and selling the same in the market in Mumbai. The accused
opposite party has also issued advertisements and leaflets and packing materials/cash
memos which will show that the name of the complainant has been falsely used by the
accused opposite party. Copies of certain cash memos, advertisement materials and
cartons and labels are annexed hereto collectively marked 'E'.
10. The accused opposite party made deceptive sales of and deceptive advertisements
in Mumbai within the police station Hare Street and within the jurisdiction of this Learned
Court. The office of the accused opposite party is also situated within the Police Station
Hare Street, Mumbai and the advertisements of the complainant's Trade Mark also
appeared in the newspapers appearing in places within the Police Station Hare Street,
Mumbai within the jurisdiction of this Learned Court.
11. The complainant is the Registered Proprietor of the said Trade Mark and is using the
same and the said Trade Mark has acquired high reputation as will be evident from the
documents annexed hereto as also the fact of deceptive use of the identical mark in
respect of the computers for office purposes and/or of similar description by the
accused opposite party and "false trade description" within the meaning of s. 2(1)(f) of
Trade and Merchandise Marks Act 1958. The accused opposite party has falsified the
said Trade Mark of the complainant inasmuch as the accused has used the Trade Mark
without the assent of the complainant, the Registered Proprietor of the Trade Mark, and
has made and used that Trade Mark as deceptively similar Mark. The accused opposite
party has thus committed offence under s. 57(1) of the Trade and Merchandise Marks
Act 1958.
12. The accused opposite party has falsely applied the complainant's Trade Mark to the
accused's own goods on packages and cartons containing those goods, namely,
computers for office purposes without the assent of the complainant being the
Registered Proprietor of the said Trade Mark com of. The accused opposite party has
thus committed offence under s. 77(2) of the Trade and Merchandise Marks Act 1958.
13. The accused opposite party has packed, wrapped and put in cartons sub-standard
products for sale to the unwary purchaser falsifying the complainant's said Trade Mark
COMOF thereon and thus the accused has also committed an offence under s. 420 of
the Indian Penal Code.
14. The accused opposite party has committed offences under the said Trade and
Merchandise Marks Act 1958 under ss. 78 and 79 thereof and also under the Indian
Penal Code and is thus liable to be punished accordingly.
15. The complainant submits that cognizance should be taken of the offences
committed by the accused opposite party and processes issued and the accused be
tried and punished in accordance with the provisions of law.
16. The said offences have been committed, inter alia, at places within the Police
Station Hare Street, Mumbai and the accused also carried on business and/or is
situated at a place within the Police Station Hare Street, Mumbai within the jurisdiction
of this Learned Court.
17. Your petitioner therefore prays Your Honour to issue process against the accused
opposite party for offence committed under ss. 77, 78 and 79 of the Trade and
Merchandise Marks Act 1958 and under s. 420 of the Indian Penal Code and to try and
punish him in accordance with law.
Verification
I.........son of 2010 by occupation service working for gain at 1 D.N Road, Mumbai do
hereby solemnly affirm and say as follows:
I am the Constituted Attorney and a principal officer of the RP Co. Ltd. at its Mumbai
Office, I know and I have made myself acquainted with the facts and circumstances of
this case and I am able to depose thereto. I am duly authorised and competent to make
the present complaint and also sign the verification.
I do make verify the complaint for and on behalf of RP Co. Ltd.

The statements in paragraphs Nos. 1 to 14 above are true to my knowledge based on
information derived from record maintained by RP Co. Ltd. at its Mumbai Office and
believed by me to be true and those in paragraph Nos. 15 and 16 hereof are my humble
submissions to this Learned Court.
Solemnly affirmed by the said
Mr. ..................-at Court House
at Bank shall Street,
Mumbai on this 15th day
of November 2010.
Before me Magistrate

Complaint For Infringement of Trade Mark

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Complaint For Infringement of Trade Mark

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Complaint for infringement of trade mark

Accused opposite party

The humble petition of the Complainant above-mentioned most respectfully

I do make verify the complaint for and on behalf of RP Co. Ltd.

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