• Trademark & GST (DGGI) summons

One of my trademark's which I got registered in 2018 is being used by a foreign company.
I had forgotten all about the trademark. But to my shock, GST Intelligence officers landed up at my home and have sent me summons to appear. I did appear today and categorically have denied that I have to do anything with the foreign company. The company has a website and is doing business in India. The intelligence officer was very courteous and understanding. But it seems the GST Intelligence officers suspect that I am somehow associated with the foreign company, just because I have registered the trademark.
They have asked me to produce all my bank statements since July 2017(the date of trademark application) and I have consented.
I need a lawyer to draft a cease and desist letter and send to the foreign company through email and post. Any further advice is welcome. This thing has stressed me out.
Asked 2 years ago in Intellectual Property

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4 Answers

You can engage any lawyer for drafting cease and desist legal notice 

 

send it to company by speed post and by email 

 

if company refuses to comply take legal proceedings against foreign company for infringement of your trademark and seek interim reliefs 

Ajay Sethi
Advocate, Mumbai
96941 Answers
7822 Consultations

No specified method of delivery is required for a cease-and-desist letter.

Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.

If you still want the assistance of any lawyer of this forum, you can contact the chosen lawyer by clicking their contact details available in the website of this forum and engage the services on the terms of the chosen lawyer.

 

T Kalaiselvan
Advocate, Vellore
87142 Answers
2339 Consultations

You can contact me for the same. I will draft it

Sir,

If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

 

 

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

There might be two reasons for suspicion against you by GST Authority…

  1. You are not using the Registering a trademark and not using it amounts to an offence which  is known as “sitting on trademark.”
  2. So for you have not taken any action against violation of your trademark under Section 102 (2) (a) of the Act creating a doubt that you are in collusion with the  
  3. Explain to the authority why your trade mark is not in use and as its violation did not come to your notice, you did not initiate any action.
  4. Issue the violator a notice and submit the  proof of same.

 

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

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