[Sender's letterhead: name, capacity, address and e-mail] [Date] By [registered post with acknowledgement due/tracked courier] and e-mail to [e-mail address] To [Name of the advocate or person who issued the notice] [Address] Subject: Reply to the notice dated [date] issued on behalf of [notice-giver's legal name] concerning [mark] 1. This reply is sent on behalf of, and on the instructions of, [noticee's legal name], [constitution], of [address] (the "Noticee"), to the notice dated [date], received on [date] (the "Notice"), issued on behalf of [notice-giver's legal name] (the "Notice-giver"). Statements in the Notice are not admitted except where expressly admitted below, and the absence of a reply to any particular statement is not an admission of it. 2. The Noticee's mark: The Noticee carries on the business of [actual business] at [places] and has used [Noticee's mark] (the "Noticee's Mark") for [goods/services] since [date], [continuously/state any gaps]. It adopted the mark because [honest reason, e.g. derivation, meaning or founder's name] [OPTIONAL: after a search conducted on (date)]. [OPTIONAL—omit unless supported by records:] Its sales under the mark for [period] were about Rs. [amount]. 3. The register: According to the register checked on [date], [the Notice-giver's Registration No. (number) in Class (class) covers (goods/services as registered) (subject to (conditions or disclaimer))/the Notice-giver's mark is not registered, and Application No. (number) is (status)]. [OPTIONAL—omit unless true:] The Notice describes [mark] as registered for [goods/services], but the register shows [actual position]. 4. No infringement [keep only the grounds that apply]: (a) The Noticee's goods/services, namely [list], are not the same as or similar to the goods/services covered by the registration, because [their nature, purpose, users and trade channels differ: (details)]. (b) Compared as wholes, the marks differ in [appearance/sound/idea]. The shared element [element] is [descriptive of/common in the trade for/disclaimed in respect of] [goods/services], as shown by [register search or market evidence]. (c) [OPTIONAL—only if the Noticee's mark is registered:] The Noticee is the registered proprietor of Registration No. [number] in Class [class] for [goods/services]. Its use within that registration is use in exercise of the right given by registration (Section 30(2)(e)), and Section 28(3) applies between the two registered proprietors. (d) [OPTIONAL—only if documents prove it:] The Noticee [and its predecessor (name)] has continuously used the Noticee's Mark for [goods/services] since [date], which is earlier than both the Notice-giver's first use of its mark for those goods/services and the date of its registration. Section 34 therefore protects that use. (e) [OPTIONAL—only for own-name or descriptive use:] The words [words] are used as [the Noticee's own name/the name of its place of business/a bona fide description of the character or quality of its goods/services], which Section 35 protects [OPTIONAL—for descriptive use only: and which Section 30(2)(a) also covers]. 5. No passing off: [The Notice does not show goodwill in (mark) among the relevant customers in (area) on (date the Noticee began use)./The get-up, customers and trade channels differ: (details).] No instance of confusion is known to the Noticee in [period] of concurrent use. [OPTIONAL—only if documented:] The Notice-giver has known of the Noticee's use since at least [date], as shown by [document]. 6. [OPTIONAL—only after review:] The Noticee reserves its right to apply, to the Registrar or the High Court as the Act now provides, for rectification of the register in respect of Registration No. [number], including for non-use under Section 47 [if the period described there has run] and under Section 57. 7. [OPTIONAL—only after review:] The Notice threatens infringement proceedings in respect of [a mark that is not registered/acts that do not infringe the registration]. The Noticee reserves its rights under Section 142 of the Trade Marks Act, 1999. 8. [OPTIONAL—omit unless instructed:] Without admitting liability, the Noticee is willing to discuss [use of its house mark alongside the Noticee's Mark/a distinguishing get-up/limiting its goods to (goods)], as set out in a separate letter marked "without prejudice". 9. For these reasons, the Noticee declines the demands in paragraph(s) [numbers] of the Notice [OPTIONAL: except (specific point agreed)] and asks the Notice-giver to withdraw the Notice. [OPTIONAL:] It asks for copies of [the registration certificates/documents supporting the claimed first-use date] relied on in the Notice. All the Noticee's rights and remedies are reserved. [Signature] [Name in capital letters], [capacity] [For the Noticee/As advocate or registered trade marks agent for the Noticee]