Before the Registrar of Trade Marks
Opposition No. [number] to Application No. [number], Class [class]
Mark: [mark]
Applicant: [legal name]
Opponent: [legal name]
Request by the [opponent/applicant] for leave to file further evidence under Rule 48

1. The [opponent/applicant] is represented by [name and capacity]. The record of this opposition is: notice of opposition dated [date]; counterstatement dated [date]; opponent's evidence or intimation under Rule 45 dated [date]; applicant's evidence or intimation under Rule 46 dated [date]; reply evidence under Rule 47 dated [date/none filed]. [The hearing is fixed for (date)./No hearing has been notified.]

2. The [requesting party] seeks leave to file [the affidavit of (name, capacity) dated (date)/the documents listed in the schedule below]. The proposed evidence is annexed as Annexure [A], so that its exact content is before the Registrar and the other party.

3. The proposed evidence relates to [the specific issue], which is pleaded in paragraph [number] of the [notice of opposition/counterstatement]. It shows [briefly, what each document proves]. It does not raise any ground or defence that is not already pleaded.

4. The evidence was not filed at the proper stage because [state the true reason, for example: the documents came into existence after (date); they were located on (date) despite a search of (records) made on (date); they answer new matter in paragraph (number) of the Rule 47 reply affidavit, which goes beyond strict reply; the earlier deponent (left the organisation/died) on (date)]. The [requesting party] has acted promptly since [event] on [date].

5. [OPTIONAL—omit unless supported:] The facts in paragraph 4 are supported by the affidavit of [name] annexed as Annexure [B].

6. Allowing the evidence will not cause unfair prejudice, because [reason]. The [requesting party] has no objection to the [other party] being permitted to file evidence strictly in answer, within a period fixed by the Registrar and on any terms as to costs that the Registrar considers fit. This request is not made for delay.

7. [OPTIONAL—omit unless supported:] The [other party] was informed of this request on [date] by [mode] and [consents/objects for the reasons in its letter dated (date)/has not replied].

8. The [requesting party] requests that the Registrar (a) grant leave under Rule 48 to take the proposed evidence on record [as annexed/within a period fixed by the Registrar]; (b) fix such terms as to costs or otherwise as the Registrar thinks fit; and (c) give any directions needed for the other party's response and the hearing.

9. A copy of this request and of the proposed evidence, including exhibits, was delivered to the [other party] at its address for service on [date] by [mode]. [OPTIONAL—omit unless applicable:] Attested translations into [Hindi/English] of documents in other languages are annexed, as Rule 49 requires.

Schedule of proposed evidence: [number, description, date and pages]
[Name, capacity, signature, date and address for service]