User Affidavit under Trade Marks Act, 1999

21 Mar User Affidavit under Trade Marks Act, 1999

Affidavit for filing in the Office of trade Marks Registry under trade Marks Act, 1999

AND

IN THE MATTER OF REGISTRATION OF TRADE MARK “Jadukala Device” APPLICATION NUMBER 5476495 IN CLASS 25

AFFIDAVIT OF SRI JAGRUP CHANDRAMAL SADHVI,  2201, SHUMATI PROGENCY BUILDING 2, KHAKAR ALI, NEAR MAHANWADI, TALOJA WEST, MAHARASHTRA, 410007

I, the above named deponent hereby solemnly affirm, declare and say as under:-

That being the proprietor I have applied for Jarikala Device mark bearing application number 5476495 and as the applicant I am fully acquainted with the facts of instant case and therefore I am in a position to swear the present affidavit.

1.Being in the capacity of the Proprietor of the company I have access to all records of the company and the facts and matters stated here with have been obtained by me from the available records and from my own knowledge and information which I have reasons to believe are true.

2.The applicant is engaged in the celebrated business of manufacturing of  Clothing ( hereinafter referred to as said goods)

3. That in the year of 11.07.2012, the applicant honestly and bonafidely conceived the mark Device of J and Expression “Jadukala Device” Designer Sarees in English as well as Devnagri script. (Hereinafter referred to as the said Mark)
4. The applicant started using the said mark in relation to its said goods and business since 11.07.2012. The applicant therefore claims to the actual, honest and bonafide owner of the present trade mark.
5. Ever since the bonafide adoption in the year 11.07.2012 of the said trade mark as set out above, the applicant has been using its said trade mark in relation to its said goods and business continuously, commercially exclusively, openly and in the course of trade and proprietors thereof and have built up a valuable trade goodwill and reputation there under.
6. The applicant has built up handsome business running into lacs of rupees in relation to said goods and business over decades of time. The goodwill is voluminous and reputation under the said trade mark and turnover of the firm are as follows:-

7. The applicant has been continuously, regularly and by spending enormous amount of money, efforts and skills have been promoting and advertising his said goods and business under the said trade mark through various means and modes including distribution of trade literature, trade hoarding etc and each having tremendous amount of reach, visibility and circulation.
8. That in consequence of the aforesaid and the applicant’s priority in adoption and use of the said trademark and the high standard and quality of applicant said goods and business there under the applicant the said trade mark enjoys solid, enduring and first class reputation in the market and trade.
9. The market and trade is well aware of the applicant’s said goods and business with reference to the applicant’s said trade mark. The market and trade associate the applicant’s said goods under the said trade mark as that of the applicant and from the applicant’s source of origin. The applicant’s said goods are dependent on the applicant’s said trade mark. The said trade mark enjoys distinctiveness, inherent, actual, and factual and acquired goodwill as well as has acquired secondary significance with the applicants’ goods and business and differentiates it from the applicant’s source from those of others.
10. The applicant is the proprietor of the said trade mark including its goodwill and reputation both under the statutory law and under the common law. In view of the applicant’ s proprietary rights no one can be permitted to use or register the same/similar/deceptively similar trade mark/ trade name/domain name in relation to same/similar/cognate goods and business or for that matter for any specification of goods of business without the express leave and license of the applicant.

11.That the above mentioned trade mark of the company is popularly known in India as indicating and exclusively referring to the goods of the applicant’s  firm, in the  opinion the applicant the said trade mark identifies and distinguishes the goods of the applicant’s company and as such in my opinion the said trade mark is entitled to registration.

DEPONENET

VERIFICATION

I, the above named deponent do hereby verify that the contents of this affidavit are true and correct to my knowledge and belief.

Signed and verified at Mumbai 21st day of  February 2021

DEPONENT