Trademark Infringement Legal Notice

Of course, I can help you with that. Could you please share the content of the legal notice you want to improve? This will help me understand the context and provide better suggestions.

Hi Kazi Faizul Bari, the legal notice you've shared is quite comprehensive and well-structured. Here are a few suggestions to improve clarity and impact:
*. Emphasize Key Points: Use bold or underlined text for important points like "CEASE AND DESIST" and "* (seven) days".
*. Simplify Language: Use simpler terms where possible for ease of understanding.
- For example, change "This unauthorized use constitutes a direct violation of:" to "Your unauthorized use violates the following laws:"
*. Shorten Sentences: Break longer sentences into shorter ones for better readability.
- For example, instead of "We, K. A. BARI & CO., are the authorized legal representatives of Advanta Holding BV. (“our Client”), and we are writing to you regarding the unauthorized use of our Client’s registered trademark “ADVANTA” by your company.", you can write "We, K. A. BARI & CO., represent Advanta Holding BV. (“our Client”). We are writing to address your company’s unauthorized use of the registered trademark “ADVANTA”."
*. Clear Contact Information: Make the contact information section more prominent and easier to find.
Would you like to make any specific adjustments or add any additional points?

Case Rating: *
LEGAL NOTICE AGAINST UNAUTHORIZED USE OF REGISTERED TRADEMARK “ADVANTA”
Date: April *, *
From: K. A. BARI & CO.
Authorized Agent for Advanta Holding BV.
To: Advanta Crop Care Limited
C/* Zakir Hossain Road
Lalmatia, Dhaka
Bangladesh
Attention: Mr. Md. Shafiuddin (Managing Director)
SUBJECT: CEASE AND DESIST - TRADEMARK INFRINGEMENT
Dear Sir,
We, K. A. BARI & CO., represent Advanta Holding BV. (“our Client”). We are writing to address your company’s unauthorized use of the registered trademark “ADVANTA”.
TRADEMARK DETAILS
Our Client is the rightful owner of the trademark “ADVANTA”, registered in Bangladesh with the following details:
- Proprietor: Advanta Holding BV.
- Address: Taankhoofd *, 3196KE Vondelingenplaat, Rotterdam, The Netherlands
- Registration Details:
*. Registration No. C-* in Class-* dated */*/*
Covering: ‘Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs, natural plants and flowers; bulbs, seedlings and seeds for plantings.’
*. Registration No. C-* in Class-* dated */*/*
Covering: ‘Agriculture, aquaculture, horticulture and forestry services’
UNAUTHORIZED USE
Your company, Advanta Crop Care Limited, is unlawfully using the registered trademark “ADVANTA” in various promotional materials, including posters and websites, and is attempting to register the mark with crop protection associations.
LEGAL VIOLATIONS
Your unauthorized use violates the following laws:
*. Bangladesh Trademarks Act, *:
- Section *: Prohibiting unauthorized use of a registered trademark
- Section *: Defining trademark infringement as using a mark identical or similar to a registered trademark in a manner likely to cause confusion
- Section *: Granting exclusive rights to the registered proprietor
- Section *: Providing remedies against infringement
- Section *: Prescribing penalties for falsely representing a trademark as registered
*. Bangladesh Penal Code:
- Section *: Criminalizing the fraudulent or dishonest use of a registered trademark
- Section *: Penalizing the use of a false trademark for trade purposes
- Section *: Prohibiting the use of counterfeit marks
- Section *: Prescribing punishment for selling goods bearing counterfeit property marks
CEASE AND DESIST DEMAND
You are hereby directed to:
*. IMMEDIATELY CEASE AND DESIST from using the trademark “ADVANTA” in any form or manner.
*. REMOVE all instances of the “ADVANTA” trademark from all promotional materials, websites, posters, and other media.
*. WITHDRAW any pending applications for registration of “ADVANTA” with any crop protection associations or other organizations.
*. PROVIDE WRITTEN CONFIRMATION of your compliance with the above demands within * (seven) days from the date of receipt of this notice.
WARNING OF LEGAL CONSEQUENCES
Failure to comply with the above demands will leave our Client with no alternative but to initiate appropriate legal proceedings against you and your company, including but not limited to:
*. Filing civil suits seeking permanent injunction
*. Claiming damages for infringement and passing off
*. Initiating criminal proceedings under relevant provisions of the Bangladesh Trademarks Act, * and the Bangladesh Penal Code
*. Seeking account of profits derived from the unauthorized use of the trademark
*. Claiming costs and other relief as deemed fit by the courts
CONTACT INFORMATION
All communications regarding this matter should be directed to:
K. A. BARI & CO.
[Address of the Law Firm]
Telephone: [Contact Number]
Email: [Email Address]
Reference: ADVANTA/TM/*/BAN
RESERVATION OF RIGHTS
This notice is without prejudice to any and all rights, claims, and remedies available to Advanta Holding BV. under the laws of Bangladesh and international treaties, all of which are expressly reserved.
FOR AND ON BEHALF OF ADVANTA HOLDING BV.
Authorized Signatory
K. A. BARI & CO.
Authorized Agent