AFFIDAVIT / DECLARATION OF USER OF TRADE MARK
(In support of Application No. [Application No.] in Class [Class No.] under the Trade Marks Act, 1999)
I, [Name of Deponent], son/daughter/wife of [Father's / Husband's Name], aged [Age] years, [Designation e.g. Proprietor / Partner / Director] of [Name of Applicant], having its principal place of business at [Full Address], do hereby solemnly affirm and declare on oath as under:
1. That I am the Applicant / duly authorised signatory of the Applicant in respect of the trade mark “[Trade Mark]” and am competent to swear this affidavit.
2. That the Applicant is the proprietor of the trade mark “[Trade Mark]” used in relation to [Goods / Services] falling in Class [Class No.].
3. That the said trade mark has been continuously and uninterruptedly used by the Applicant / its predecessor-in-title in the course of trade in India since [Date of First Use e.g. 01.04.2015] (hereinafter the “date of first use”).
4. That in support of the said user, the Applicant relies upon documentary evidence including invoices, advertisements, packaging, sales figures and other records, the earliest of which is dated [Date of Earliest Document].
5. That the approximate annual sales turnover and advertisement expenditure under the said trade mark since the date of first use are as follows:
| Financial Year | Sales Turnover (Rs.) | Advertisement Expense (Rs.) |
|---|---|---|
| [Year] | [Amount] | [Amount] |
| [Year] | [Amount] | [Amount] |
| [Year] | [Amount] | [Amount] |
6. That by virtue of such long, continuous and extensive user, the said trade mark has come to be exclusively associated with the goods/services of the Applicant and has acquired substantial goodwill and reputation in the trade and among the public.
7. That the statements made herein are true and correct and are made in support of the claim of user made in the aforesaid trade mark application.
VERIFICATION
I, the above-named Deponent, do hereby verify that the contents of paragraphs 1 to 7 of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
Solemnly affirmed and signed at [Place] on this [Day] day of [Month], [Year].
_______________________________
[Name of Deponent]
DEPONENT
For [Name of Applicant]
Sworn before me:
_______________________________
Notary Public / Oath Commissioner