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Response to UK Intellectual Property Office Regarding Trademark Application

  • 02 Pages
  • Published On: 02-12-2023
Dear Sir/Madam,

This letter is in reference to the letter received by my client from the UK Intellectual Property Office ("UKIPO") relating to this trade mark application filed by your client for new registration of a mark. “Under the instruction of my clients _______ residents of _______. We serve upon you the following notice and have to address you as under:

1. My client state that it has been applied by your client for a new registration is similar to the registered trademark of my client’s brand ‘My Tutor’.

2. You client must realise that a legitimate registered brand name of my client gives him the exclusive right to use the trademark in relation to the goods or services in respect of which the trademark is registered.

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3. Your client has infringed Section 10(2)(a) & (b) Trade Marks Act thereby clearly my client has the right to stop your client from using confusingly similar marks for their goods or services.

4. Your client must understand that a trademark is straightforwardly identified with the generosity that a specific Company has gained over the years. Creating a brand name requires some undefined time frame. In the event that anybody, aside from the producer, is permitted to utilize that a similar Trademark, we want to raise an objection that it will abuse the right of our client’s company and have many chances to create turmoil among the Consumers, as the individual, other than the producer/organization, utilizing it will be profited through the generosity of the Trademark, which took my client countless years to create.

5. My client has been spending an extensive amount of cash over a considerable period of time on advertisements of the items under their brand name "MY TUTOR".

6. Further, keeping in mind the potential my client’s old registered trademark and knowing the enviable goodwill and reputation my client’s company in the market with regard to their products and knowing the acceptability and the respect commanded for their quality it is evident that your client has simply decided to make quick money by deceptively similar trademark. It can also be inferred that your client is seeking to exploit the reputation of registered trademarks.

7. Your client knows or ought to know that a third party is using an identical or similar sign for identical or similar goods or services, which could be confused with the sign for which registration is sought. Certain knowledge must be assumed on the part of the trademark applicant. Such knowledge may also be assumed where there is a certain similarity or quasi-similarity between the contested trademark and the earlier sign, and this similarity cannot be a coincidence. My client’s trademark has been used for a limited period or has become more widely known in the economic sector concerned, this knowledge may be presumed to exist in the case of an applicant who 'should have known' of its use. The earlier the use of a sign, the more likely it is that the trademark holder had knowledge of the existence of the sign.

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8. This act will eventually result in heavy financial loss to my client which is incapable of being assessed in monetary terms and the damage to goodwill of our client’s brand.

9. The act of filing a similar registered is clear indication of an act of unfair competition by your client. Using a similar trademark like that of my client it is evident that your client intends of making false representations to the members of the public that goods and products of the defendants have some affiliation or nexus with my client’s brand.

10. Moreover, in public interest your client should not use the mark "My tutor" or any other similar or deceptively similar mark so that there is no deception amongst public on account of misrepresentation. The acts of your client are resulting in dilution, blurring and tarnishing my client‟s goodwill and reputation which has been established over a long period of time and by use of the mark.

I hereby give you notice that I the undersigned …………………. Is ready and willing to take legal actions against you if you do not immediately do not change the above concerned ‘trademark’.

Yours Faithfully,

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