Before the Registrar of Trade Marks
Application [number], Class [class], mark [exact mark]
Applicant: [legal name and address]
Affidavit of use and acquired distinctiveness under the proviso to Section 9(1)

I, [full name], aged [age], of [address], [capacity], solemnly affirm:

1. I am [proprietor/partner/director/authorised representative] of the applicant, authorised by [details]. I know the facts stated from [personal involvement and identified business records]. Where a statement rests on records, the source is stated.

2. The application was filed on [date] [claiming use from (date)]. The examination report dated [date] raises an objection under Section 9(1)([a/b/c]). The relevant date for this affidavit is the application date; any use after it is identified separately and is not relied upon to show distinctiveness before filing.

3. The mark has been used [exactly as applied for / with these differences: (describe)]. It appears on [packaging, signage, invoices, website or other material] as the name of the applicant's goods/services and not as a description of them. Where it is used with [house mark or logo], [explain how the applied-for mark is presented and recognised on its own]. Exhibits [references] show this.

4. The applicant has used the mark continuously since [date] for [goods/services]. Any interruption was [period and reason]. The mark has not been used before filing for [goods/services in the specification, if any], and the applicant [proposes a restriction / addresses them as follows: (explanation)].

5. Extent of use before the application date:
| Financial year | Goods/services | Sales under the mark (₹) | Promotion spend (₹) | Source record |
| [year] | [goods/services] | [amount] | [amount] | [accounts/ledger/certificate, Exhibit (reference)] |

6. Before filing, goods/services under the mark were supplied in [states/cities] through [channels] to about [number and type of customers], as shown by Exhibits [references].

7. The mark was promoted through [media, trade fairs, online channels] during [dates]. Exhibits [references] are dated copies of that material.

8. [OPTIONAL—omit unless supported:] Recognition of the mark as identifying the applicant is shown by [unsolicited media coverage, awards, trade or customer declarations filed as separate affidavits, or a survey whose method is described in Exhibit (reference)].

9. [OPTIONAL—omit unless supported:] The applicant has acted against [imitations, with details and outcomes]. Third-party use of the same or similar words known to the applicant is [facts], and its effect is [explanation].

10. On the facts above, before [application date], customers and the trade in [territory] associated [mark] with the applicant's [goods/services]. The legal assessment of distinctiveness is for the Registrar.

11. The exhibits are [originals/true copies from identified sources] and are indexed with their dates and what each shows.

Verification: Paragraphs [numbers] are true to my knowledge; paragraphs [numbers] are based on [identified records/information] believed true. Verified at [place] on [date].
[Deponent’s signature; lawful oath/attestation details]
Filed by: [name and address of filer]
Filed on behalf of: [applicant legal name]