BEFORE THE REGISTRAR OF TRADE MARKS, AFFIDAVIT
In the matter of Trade Mark Application No. ___________
AFFIDAVIT
In support of request made to record the name of a Subsequent
Applicant/Proprietor
I, ______________________, Indian citizen, s/o __________________,
R/o ______________________________________ do hereby solemnly
affirm and declare as follows:
1. That I am an Indian national and residing at the above mentioned
address.
2. That I am __________(designation) of ‘( Society name)’, a Society duly
registered and validly existing under the Society Registration Act, 1860
having its address at Address (hereinafter referred to as ‘the Society’).
3. I state that I am familiar and well conversant with the facts and
circumstances of the present matter and competent and authorized to
swear this affidavit and make necessary statement in respect thereof.
4. I state that the trade mark application no. _____________was filed on
__________with The Office of The Registrar of Trade Marks, New Delhi by
M/s ________________________ a company duly incorporated and validly
existing under the Companies Act 1956, and presently known as
“___________________”having its office at
___________________________
5. I state that the trade mark application no. ________ was filed with the
Office of The Registrar of Trade Marks, New Delhi for obtaining the
registration of a mark for services falling under class ____.
6. I state that the registration of the mark filed for registration under trade
mark application no. ____________ is presently pending.
7. I state that a Deed of Assignment dated _______________, was entered
by and between the Society and (Company name).”
8. I state that by virtue of Deed of Assignment dated _____________, the
entire rights, title and interest vested in the trade mark filed for registration
under trade mark application no. _______ stand transferred/ assigned to
the Society together with the goodwill of the business connected with and
symbolized by the said trade mark, more particularly, as described in the
Schedule attached as Annexure-A of the said Deed of Assignment.
9. I state that for all legal purposes and intent the averments contained in
the Deed of Assignment dated November ____, 2015 and its Annexure –A
be read as part and parcel of present affidavit and the same are not
repeated herein for the sake of brevity.
10. I state that with effect from ___________ (being the date on which the
aforementioned Deed of Assignment was executed) Society is entitled to
have its name entered in the records of The Registrar of Trade Marks as
“Subsequent applicant/proprietor” of the Trade Mark filed for registration
under application no. _______.
11. I state that as per Article 2(a) of the Deed of Assignment dated
_________ “( .” expressly agrees that it shall not object to Company Name)
recording of Society name as “Subsequent Applicant/proprietor” of the
Trade Mark filed for registration under trade mark application no. _______.
12. I state that no legal proceedings with respect to the trade mark filed for
registration under trade mark application no. __________ are presently
pending in any Court of law or Tribunal in India, wherein the adoption,
ownership, title and/or use of the trade mark is being questioned,
challenged and/or disputed.
13. I state that this affidavit is executed in order to be produced before the
appropriate authorities in support of the request to record the name of the
Society i.e ( Society name). “” as “Subsequent applicant/ proprietor” of the
Trade Mark pending registration under trade mark application no.
_________.
Dated this _____ day of January 2016.
Place : New Delhi
_______________
Deponent
Name ________________
Designation ________________
(Society Name)
VERIFICATION
Verified at New Delhi on this ____ day of January 2016 that the facts and
statements made herein above paras are true and correct to the best of my
knowledge and belief and nothing material or relevant has been concealed
therefrom.
_______________
Deponent
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