Rule 45 Trademark Opponent Evidence Affidavit

Evidence and use affidavits

Prove the opponent’s pleaded facts with identifiable records and proper service.

Legal references checked: 8 October 2026

What the opponent needs to prove

Rule 45 is the opponent’s evidence stage after service of the counterstatement. The affidavit should identify the deponent’s knowledge, explain the pleaded rights and connect each relevant fact to a genuine exhibit. Distinguish dated records at the relevant time from later material. The rule also provides a reliance-intimation route where applicable. Choose the appropriate action after reviewing the case, and complete both Registry filing and the required service.

Filing period and procedure

Rule 45 period: two months from service of the counterstatement. File affidavit evidence, or give the permitted reliance intimation, to the Registrar and applicant as the rule requires; serve exhibits and intimate the Registrar. Verify case-specific directions.

Before you prepare the draft

Facts to confirm

Counterstatement service date
Deponent identity, capacity and access to records
Rights and chronology already pleaded
What each exhibit actually proves and at what relevant date

Evidence to keep ready

Authority/ownership documents
Registration records, dated invoices, labels and advertisements actually relied upon
Turnover/advertising records with stated basis, where used
Exhibit index and service evidence

Editable draft framework

Replace every [placeholder] and delete optional paragraphs that your facts do not support. You can edit the text below before copying it, or select it and use Ctrl+C or Command+C.

Draft text

Before the Registrar of Trade Marks
Opposition [number] to Application [number], Class [class]
Opponent: [name]; Applicant: [name]
Affidavit in support of opposition under Rule 45

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

1. I am [relationship to opponent] and am authorised by [authority and date]. I know the matters stated from [personal involvement and identified business records]. A copy of the relevant authority is Exhibit [reference]. Where information comes from records, its source is identified below.

2. The opponent's pleaded mark is [mark] for [goods/services]. Its adoption, ownership and use chronology is [supported facts]. Exhibit [reference] contains [registration/assignment/other record], establishing [precise fact]. An application record is not described as a registration certificate.

3. Use at the relevant time is shown by Exhibits [references], consisting of [dated invoices, packaging, catalogues or advertisements]. The mark appears at [identify where]. These documents concern [goods/services], during [dates], in [territory]. The earliest use proved by the filed records is [date]; any earlier claimed date is explained by [actual evidence].

4. [OPTIONAL—omit unless supported:] Sales and promotional expenditure for [periods] were [figures and basis]. Exhibit [reference] provides the records supporting them. Documents created after [relevant date] are identified separately and relied on only for [limited explanation of continuity or other proper purpose].

5. In answer to counterstatement paragraph [number], the fact stated is [specific response], supported by Exhibit [reference]. Repeat only for disputed matters supported by evidence. The comparison with the applicant's mark is [observed facts], while legal submissions will be addressed separately.

6. The exhibits are [original records/true copies identified by source]. The opponent relies on this affidavit and the indexed exhibits for the opposition as pleaded.

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/opponent legal name]

Check before filing

An affidavit must be sworn/affirmed lawfully. The reliance-intimation option is distinct from this affidavit. Late evidence or extensions need current case-specific advice; do not assume automatic acceptance.

This is an original drafting framework, not an official statutory form or an assurance of acceptance. Match the notice, application, evidence and service dates; use the prescribed form and complete the applicable filing, service and execution requirements.

Relevant law and official sources

Trade Marks Act, 1999: Section 21(4)
Trade Marks Rules, 2017: Rules 45, 48 and 49 where applicable
Trade Marks Rules, 2017: Rule 120 on affidavit form and execution

Trade Marks Act, 1999 — India Code
Trade Marks Rules, 2017 — IP India

Rule 45: opponent’s evidence affidavit