Rule 46 Trademark Applicant Evidence Affidavit

Evidence and use affidavits

Support the counterstatement and answer the opponent’s evidence without inventing use.

Legal references checked: 8 October 2026

How the applicant supports its case

Rule 46 is the applicant’s evidence stage after receipt of the opponent’s evidence or reliance intimation. Use the affidavit to support the counterstatement and answer material factual claims in the opponent’s evidence. State the actual basis of the application; do not invent past use for a proposed-use application. Explain what each record proves and complete the required filing and service. Where appropriate, the rule permits a reliance intimation instead of new evidence.

Filing period and procedure

Rule 46 period: two months from receipt of opponent affidavit evidence or reliance intimation. File evidence or the permitted reliance intimation; serve the opponent and intimate the Registrar. The rule provides deemed abandonment for taking no prescribed action.

Before you prepare the draft

Facts to confirm

Receipt date of opponent evidence or reliance intimation
Deponent authority and actual knowledge
Applicant adoption, ownership and supported use facts
Specific opponent exhibit or statement being answered

Evidence to keep ready

Filed application and authority records
Actual dated applicant use/packaging/sales records
Relevant independent adoption material
Documents answering opponent evidence, plus exhibit and service index

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]
Applicant: [name]; Opponent: [name]
Affidavit in support of application under Rule 46

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

1. I am [relationship to applicant] and am authorised by [authority and date]. I make this affidavit from [personal knowledge and identified records]. Exhibit [reference] contains my authority. The opponent's [affidavit/reliance intimation] was received on [date].

2. The applicant applied for [exact mark] for [goods/services] on [date]. The filed use basis is [proposed to be used/accurate claimed-use date]. The mark was selected by [person] on [date, if proved], for [actual reason]. Exhibit [reference] supports [specific adoption or ownership fact].

3. [OPTIONAL—omit for unproved use:] The applicant used the mark for [goods/services] from [supported date]. Exhibits [references] comprise [dated invoices, labels, advertisements and other records]. They identify the applicant and mark at [locations on documents] and concern [territory/period]. Any later document is identified by its actual date and is not presented as proof that it existed before filing.

4. In response to opponent affidavit paragraph [number], I state [specific factual response]. Exhibit [reference] shows [precise fact]. In relation to opponent Exhibit [reference], [explain a genuine discrepancy, limited relevance or admitted fact]. Repeat this paragraph for each material response; do not deny records merely because they are inconvenient.

5. The applicant's goods/services and manner of use are [supported facts]. The relevant mark features are [accurate factual description]. [OPTIONAL—only if supported:] The history of coexistence or consent is [facts and documents], without asserting that this automatically decides the opposition.

6. The exhibits are [identify originals or true copies and sources]. This affidavit supports the applicant's pleaded case and the counterstatement.

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

A proposed-use application must not claim invented historic use. Use evidence must match the mark and applicant. The affidavit does not replace required Registry filing or service.

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 46, 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 46: applicant’s evidence affidavit