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Trademark User Affidavit

This affidavit provides supporting documentation for an application to register a trademark. It states that [1] the applicant is the proprietor of a business and adopted the trademark in question for goods/services on a given date, [2] the applicant has been openly and continuously using the trademark since that date as evidenced by documentation, and [3] the trademark is inherently distinctive and exclusively associated with the applicant's goods/services, so the applicant is entitled to registration under trademark law.

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Prassad Batavia
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3K views3 pages

Trademark User Affidavit

This affidavit provides supporting documentation for an application to register a trademark. It states that [1] the applicant is the proprietor of a business and adopted the trademark in question for goods/services on a given date, [2] the applicant has been openly and continuously using the trademark since that date as evidenced by documentation, and [3] the trademark is inherently distinctive and exclusively associated with the applicant's goods/services, so the applicant is entitled to registration under trademark law.

Uploaded by

Prassad Batavia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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AFFIDAVIT

IN THE MATTER OF The Trade


Marks Act, 1999;

AND

IN THE MATTER OF Application for


Registration of the Trademark
in Class _______
in the name of Mr. _____________.

I, Mr. __________ of ___________ , Indian Inhabitant, proprietor of M/s __________ , having its principle place

of business at __________________, do hereby solemnly affirm and say as under:

1. I am the proprietor of M/s ___________ and reside at ___________. I am aware of the facts relating to

the above trade mark application and am able to depose to the following.

2. That on or about ______________ [insert date] I honestly and bona fidely adopted the trade mark

“______________ ”(hereinafter referred as “the said trade mark”) for use upon and in relation to

__________________ [insert trademark class discretion] . (hereinafter collectively referred to as “the

said services”) with a view to distinguish the said services from those of the others.

3. I say that since ___________ [insert date], I have been openly and continuously using the said trade

mark upon and in relation to the said services. Separately filed herewith and marked as Annexure “A

(Collectively)” is the documentary evidence proving use of the said trade mark.

4. I say and submit that the said trade mark is an inherently distinctive trade mark. I say and submit that

further, in view of the above, the said trade mark is being associated with me and has become

distinctive of the said services provided by me. I say and submit that the said trade mark is exclusively

connoting and denoting to the members of trade and the public the services of my origin and none else.
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5. I say that I am therefore, entitled to the registration of the said trade mark under the provisions of the

Trade Marks Act, 1999. I therefore say that the Ld. Registrar be pleased to accept the above trade mark

application.

VERIFICATION

Statements made in paragraph 1 to 5 above are true to the best of my knowledge and I believe the same to
be true.

 
Solemnly affirmed/declared at _________ )

This ___________ day of _____, 20___. )

Before me
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Annexure “A (Collectively)”

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