NON-DISCLOSURE AGREEMENT

THIS AGREEMENT MADE ON THIS THE _________ DAY OF _____________, 2023

BY AND BETWEEN

Mr. XYZ, son of Mr. XXYYZZ ,THE CLIENT ON THE ONE PART;

AND

Advocate abc, the Legal Counsel for Mr. XYZ ON THE OTHER PART;

PARTY 1 shall hereinafter be referred to as “Client” and Party 2 shall hereinafter referred

to as the “Counsel” and both the parties shall be collectively referred to as “Parties”.

WHEREAS the Client and the Counsel herein wish to pursue discussions on legal action

pertaining to Family laws and Criminal laws of India arising at Bhopal, Rajasthan, and

Chhattisgarh.

AND WHEREAS the Client and the Counsel contemplate that with respect to the

Proposed Discussion and Transaction, both the Parties may exchange certain information,

material and documents relating to each other’s business, assets, financial condition,

operations, plans and/or prospects of their businesses (hereinafter referred to as

“Confidential Information”, more fully detailed in clause 1 herein below) that each Party

regards as proprietary and confidential; and

AND WHEREAS, each Party wishes to review such Confidential Information of the other

for the sole purpose of determining their mutual interest in engaging in the Proposed

Discussion Transaction;

AND WHEREAS, each Party affirms the prevailing of this Agreement for the purposes

of all future Discussions and Transactions.

IN CONNECTION WITH THE ABOVE, THE PARTIES HEREBY AGREE AS

FOLLOWS:

1. “Confidential Information” shall mean and include any information disclosed

by the Client and the Counsel to each other either directly or indirectly, in

writing, orally, by inspection of tangible objects (including, without limitation,

documents, prototypes, samples, media, documentation, discs and code).

Confidential information shall include, without limitation, any materials, trade

secrets, network information, configurations, trademarks, brand name, know-

how, business and marketing plans, financial and operational information, and

all other non-public information, material or data relating to the current and/

or future business and operations of the either of the parties and analysis,

compilations, studies, summaries, extracts, or other documentation prepared

by the either of the parties. Confidential Information may also include

information disclosed to either of the parties by third parties on behalf of either

of the parties.

2. Both the parties shall refrain from disclosing, reproducing, summarizing

and/or distributing Confidential Information and confidential materials of the

Disclosing Party except in connection with the Proposed Discussion and

Transaction.

3. The Parties shall protect the confidentiality of each other’s Confidential

Information in the same manner as they protect the confidentiality of their own

proprietary and confidential information of similar nature. Each Party, while

acknowledging the confidential and proprietary nature of the Confidential

Information agrees to take all reasonable measures at its own expense to

restrain its representatives from prohibited or unauthorized disclosure or use

of the Confidential Information.

4. The Receiving Party may disclose the Confidential Information only to the

Receiving Party's employees and consultants on a need-to-know basis. The

Receiving Party shall have executed or shall execute appropriate written

agreements with third parties, in a form and manner sufficient to enable the

Receiving Party to enforce all the provisions of this Agreement.

5. Confidential Information, however, shall not include any information which

the Receiving Party can show:

i) is in or comes into the public domain otherwise than through a breach of

this Agreement or the fault of the Receiving Party; or

ii) was already in its possession free of any such restriction prior to receipt

from the Disclosing Party; or

iii) was independently developed by the Receiving Party without making use

of the Confidential Information; or

iv) has been approved for release or use (in either case without restriction) by

written authorization of the Disclosing Party.

6. In the event either Party receives a summons or other validly issued

administrative or judicial process requiring the disclosure of Confidential

Information of the other Party, the Receiving Party shall promptly notify the

Disclosing Party. The Receiving Party may disclose Confidential Information

to the extent such disclosure is required by law, rule, regulation or legal

process; provided however, that, to the extent practicable, the Receiving Party

shall give prompt written notice of any such request for such information to

the Disclosing Party, and agrees to co-operate with the Disclosing Party, at the

Disclosing Party’s expense, to the extent permissible and practicable, to

challenge the request or limit the scope there of, as the Disclosing Party may

reasonably deem appropriate.

7. Neither Party shall use the other’s name, trademarks, proprietary words or

symbols or disclose under this Agreement in any publication, press release,

marketing material, or otherwise without the prior written approval of the

other.

8. Each Party agrees that the conditions in this Agreement and the Confidential

Information disclosed pursuant to this Agreement are of a special, unique, and

extraordinary character and that an impending or existing violation of any

provision of this Agreement would cause the other Party irreparable injury for

which it would have no adequate remedy at law and further agrees that the

other Party shall be entitled to obtain immediately injunctive relief prohibiting

such violation, in addition to any other rights and remedies available to it at

law or in equity.

9. The Receiving Party shall indemnify the Disclosing Party for all costs, expenses

or damages that Disclosing Party incurs as a result of any violation of any

provisions of this Agreement. This obligation shall include court, litigation

expenses, and actual, reasonable attorney’s fees. The Parties acknowledge that

as damages may not be a sufficient remedy for any breach under this

Agreement, the non-breaching party is entitled to seek specific performance or

injunctive relief (as appropriate) as a remedy for any breach or threatened

breach, in addition to any other remedies at law or in equity.

10. Neither Party shall be liable for any special, consequential, incidental or

exemplary damages or loss (or any lost profits, savings or business

opportunity) regardless of whether a Party was advised of the possibility of the

damage or loss asserted.

11. Both the Parties agree that by virtue of the Parties entering into this Agreement

neither Party is obligated to disclose all or any of the Confidential Information

to the other as stated in this Agreement. The Parties reserve the right to disclose
 only such information at its discretion and which it thinks, is necessary to

disclose in relation to the Proposed Discussion and Transaction.

12. Both the Parties agree that this Agreement will be effective from the date of

execution of this Agreement by both Parties and shall continue to be effective

till the Proposed Discussion and Transaction is terminated by either Party by

giving a thirty (30)days’ notice, in case either Party foresees that the Proposed

Transaction would not be achieved.

13. Each Party warrants that it has the authority to enter into this Agreement.

14. If any provision of this agreement is held to be invalid or unenforceable to any

extent, the remainder of this Agreement shall not be affected and each

provision hereof shall be valid and enforceable to the fullest extent permitted

by law. Any invalid or unenforceable provision of this Agreement shall be

replaced with a provision that is valid and enforceable and most nearly reflects

the original intent of the unenforceable provision.

15. This Agreement may be executed in two counterparts, each of which will be

deemed to be an original, and all of which, when taken together, shall be

deemed to constitute one and the same agreement.

16. The relationship between both the Parties to this Agreement shall be on a

principal-to-principal basis and nothing in this agreement shall be deemed to

have created a relationship of an agent or partner between the Parties.

17. This Agreement shall be governed by the laws of India. Both parties

irrevocably submit to the exclusive jurisdiction of the Courts in Bhopal, for any

action or proceeding regarding this Agreement. Any dispute or claim arising

out of or in connection herewith, or the breach, termination, or invalidity

thereof, shall be settled by arbitration in accordance with the provisions of

Procedure of the Indian Arbitration & Conciliation Act, 1996, including any

amendments thereof. The arbitration tribunal shall be composed of a sole

 arbitrator, and such arbitrator shall be appointed mutually by the Parties. The

place of arbitration shall be Bhopal, India and the arbitration proceedings shall

take place in the English language.

18. Additional oral agreements do not exist. All modifications and amendments to

this Agreement must be made in writing.

19. The Agreement and/or any rights arising from it cannot be assigned or

otherwise transferred either wholly or in part, without the written consent of

the other Party.

IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS CONFIDENTIALITY

AGREEMENT IN DUPLICATE BY AFFIXING THE SIGNATURE OF THE AUTHORIZED

REPRESENTATIVES AS OF THE DATE HEREIN ABOVE MENTIONED.

Client Legal Counsel

Signature 1 Signature 1

Name Mr. XYZ Name ABC

Désignations Désignations Advocate

Place Place Delhi

Date Date
To,
The Registrar of Trade Mark,
The Office of the Trade Marks Registry,
Trade Mark Office Jaipur

Sub: Reply to the Objection to the mark “NITEA” u/s 9(2)(a)

I am writing in response to the objection raised regarding the

registration of the word mark “NITEA” in the same class as the registered
mark “NICETEA”. I appreciate the diligence of the Trade Mark Office in
reviewing this matter.

I would like to clarify that while the marks “NICETEA” and “NITEA” may
appear similar at first glance, there are distinct differences between the
two word marks. The word “NITEA” is phonetically and visually different
from “NICETEA”, as it lacks the additional syllable “CE” present in the
registered mark. Furthermore, the overall impression and meaning
conveyed by the two marks are different.

It is important to note that consumers are discerning and would not likely
confuse the two marks in the marketplace. The goods and services
associated with the mark “NITEA” are unique and do not infringe upon
the rights of the registered mark “NICETEA”.

I respectfully request that the objection be reconsidered, taking into

account the differences between the marks and the lack of likelihood of
confusion. I am confident that the registration of the mark “NITEA” will
not cause any harm to the rights of the registered mark owner.

Thank you for your attention to this matter. I look forward to a

favourable resolution.

Sincerely, Paras
Mahalwal