Rule 47 Trademark Reply Evidence Affidavit

Evidence and use affidavits

Reply only to matters arising from the applicant’s evidence.

Legal references checked: 8 October 2026

What belongs in reply evidence

Rule 47 permits the opponent to file reply evidence directed to the applicant’s affidavit. This is an optional reply stage, not an opportunity to introduce a new opposition or repeat the entire earlier case. Identify the applicant paragraph or exhibit that each response addresses. Material outside a genuine reply may need separate consideration under Rule 48. The framework below keeps the reply focused and records the source and limits of each exhibit.

Filing period and procedure

Rule 47 permits reply affidavit evidence within one month from receipt of the applicant’s affidavit. Serve the applicant with the affidavit/exhibits and intimate the Registrar. It is an optional reply stage, confined to reply.

Before you prepare the draft

Facts to confirm

Applicant affidavit receipt date
Exact applicant paragraphs/exhibits requiring a reply
Source of each rebuttal fact
Whether proposed material is genuinely reply evidence or requires leave

Evidence to keep ready

Applicant affidavit and exhibits as served
Records directly rebutting identified new statements
Deponent authority and reply exhibit index
Service records

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]
Reply affidavit under Rule 47

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

1. I am [relationship to opponent] and am authorised by [authority]. I filed/know the opponent's earlier evidence dated [date]. The applicant's affidavit dated [date] was received on [date]. This affidavit replies to the identified matters in that evidence.

2. Applicant paragraph [number] states [accurate summary]. My reply is [specific factual response]. Exhibit R-[number] consists of [document, source and date] and shows [what it actually proves]. The connection between this record and the applicant's assertion is [explanation].

3. Applicant Exhibit [reference] is relied upon for [stated claim]. The opponent's response is [identify a genuine date, identity, goods/services or other evidentiary issue]. [KEEP ONLY IF TRUE:] The following portion is admitted: [precise admitted fact]. The remaining proposition is disputed because [specific reason]. No allegation of fabrication is made without a proper factual basis.

4. Applicant paragraph [next number] raises [matter]. In reply, [supported facts]. Exhibit R-[next number] supports [precise point]. Repeat these paragraphs only for matters that genuinely require reply. Each exhibit's creation date and source are stated, including any limitation on what it can establish.

5. This affidavit is confined to answering the applicant's evidence. It does not add new opposition grounds or repeat the whole earlier affidavit. [OPTIONAL—use only after review:] Any material requiring permission as further evidence is dealt with by a separate request under Rule 48, rather than being assumed admissible merely because it is attached here.

6. The attached exhibits are [originals/true copies from identified sources]. The opponent maintains its pleaded grounds and requests that this reply evidence be read with its earlier evidence.

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

Do not use reply evidence to repair an omitted main case without assessing Rule 48. Do not state that failure to file optional reply evidence automatically abandons the opposition.

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 47, 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 47: opponent’s reply evidence affidavit