User Affidavit for Trademark Application — Draft

AFFIDAVIT OF USER
(In support of Application No. [Application No.] under the Trade Marks Act, 1999)

BEFORE THE REGISTRAR OF TRADE MARKS,
TRADE MARKS REGISTRY, [Mumbai / Delhi / Kolkata / Chennai / Ahmedabad]

I, [Name of Deponent], [S/o / D/o / W/o [___]], aged about [__] years, [Proprietor /
Partner / Director / Authorised Signatory] of [Name of Applicant], having my office /
residence at [Full Address], do hereby solemnly affirm and state on oath as under:

1. I am the Applicant / the authorised signatory of the Applicant and am competent
   and duly authorised to swear this affidavit; the facts stated herein are within
   my personal knowledge and derived from the records maintained by the Applicant.

2. The Applicant is engaged in the business of [nature of business] and has adopted
   and is using the trade mark "[Mark]" in relation to [goods/services] falling in
   Class [Class].

3. The Applicant has been using the said trade mark "[Mark]" openly, continuously
   and in the course of trade since [Date of First Use — DD/MM/YYYY], and such use
   has been bona fide and without interruption.

4. In proof of the said user, I annex hereto the following documents:
      Exhibit A : First invoice / bill dated [Date] bearing the mark;
      Exhibit B : Sample labels / packaging / brochures bearing the mark;
      Exhibit C : Advertisement / promotional material with dates;
      Exhibit D : Year-wise sales turnover under the mark, viz. —
                     FY [____] : ₹[Amount]
                     FY [____] : ₹[Amount]
                     FY [____] : ₹[Amount]
      Exhibit E : Advertising/promotional expenditure, year-wise;
      Exhibit F : [GST registration / relevant licence / other proof].

5. By reason of the said long, continuous and extensive use, the trade mark "[Mark]"
   has come to be exclusively associated with the goods/services of the Applicant
   and has acquired distinctiveness and goodwill in the trade and among the public.

6. This affidavit is made in support of Application No. [Application No.] to
   establish the date of first use claimed therein / in reply to the Examination
   Report dated [Date] / in the opposition proceedings, and for no other purpose.

DEPONENT

_______________________________
[Name of Deponent]

VERIFICATION:
I, the above-named Deponent, verify that the contents of paragraphs 1 to 6 above are
true to my knowledge and belief, that no part thereof is false and nothing material
has been concealed therefrom.

Verified at [City] on this [Day] day of [Month, Year].

                                                DEPONENT

                                        _______________________________
                                        [Name of Deponent]

Solemnly affirmed before me by the Deponent, who is identified to me, at [City] on
this [Day] day of [Month, Year].

                                        _______________________________
                                        NOTARY PUBLIC / OATH COMMISSIONER
                                        [Seal & Regn. No.]