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TRADEMARK USER AFFIDAVIT That I am an Indian by nationality and residing at (Deponent residing address). I state that I am familiar and well conversant with the facts and circumstances of the present matter and competent and authorised to swear this affidavit and make the necessary statement in respect thereof.

Requirements: Your petition must include: A statement of relevant facts and the relief you are requesting, including a statement that the trademark can't be adequately depicted in a single view. A declaration under Trademark Rule 2.20 signed by the applicant or an authorized attorney.

If the applicant claims prior trademark use, a trademark user affidavit is required for all trademark registration applications in India. The affidavit must be signed on non-judicial stamp paper while being sworn in front of a notary public or another official with authority to administer oaths.

The following are six critical sections that must be included: Title. This is either your name (?Affidavit of Jane Doe?) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. ... Statement of truth. ... Statement of facts. ... Closing statement of truth. ... Sign and notarize.

No. Affidavit is a solemn declaration. Always Affidavit in original is only valid.

A Section 8 declaration is a signed statement filed by the trademark owner that either: (1) the trademark is in use in commerce with the goods or services listed in the registration; or (2) the trademark is not in use in commerce due to special circumstances that excuse nonuse.

Proprietary rights must be demonstrated and shown to cause a likelihood of confusion. Testimonial evidence may be sufficient to establish prior and continuous use if it is based on personal knowledge of the facts. The Opposer bears the burden of establishing its prior rights by a preponderance of the evidence.