Before the Registrar of Trade Marks
Application [number], Class [class], mark [mark]
[In an opposition, add: Opposition (number) by (opponent)]
Applicant: [legal name and address]
Cited mark(s): [number(s), mark(s), proprietor(s)]
Affidavit in support of registration under Section 12 (honest concurrent use)

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] for [exact goods/services] [claiming use from (date) / on a proposed-use basis for (goods/services)]. The examination report dated [date] cites [mark(s) and number(s)] under Section 11(1). [In an opposition: The notice of opposition (number) relies on (mark(s) and number(s)).] This affidavit describes the applicant's use of its mark alongside the cited mark(s).

3. The applicant adopted [exact mark] on [date] because [actual reason, such as a founder's name, a place or a coined word]. Before adoption, the applicant [conducted (search) on (date) / did not conduct a search]. The applicant first became aware of the cited mark on [date] through [how]. [If awareness came before adoption, explain the facts said to show honest adoption.]

4. The applicant has used the mark from [date] to [date] for [goods/services] in [territories], through [channels]. Any interruption was [period and reason]. Exhibits [references] are dated mark-bearing [invoices, labels, packaging or advertisements] covering that period.

5. Extent of use (periods before the application date first; any later period stated separately):
| Financial year | Goods/services | Territory | Sales under the mark (₹) | Promotion spend (₹) | Source record |
| [year] | [goods/services] | [states/cities] | [amount] | [amount] | [accounts/ledger/certificate, Exhibit (reference)] |

6. From [identified sources], the applicant understands that the cited mark has been used for [goods/services] in [territory/channels] since [date, if known]. The overlap with the applicant's use is [facts]. No statement is made about the other proprietor's business beyond what these sources show.

7. After [the inquiries actually made, e.g. review of complaint records, sales staff and distributor feedback], the applicant is aware of [no instance / the following instances] of customers mistaking one business for the other. [Describe any instance and how it was resolved.]

8. In the market, the applicant's mark is presented as [get-up, colours, house mark], sold at [price range] through [channels] to [purchasers].

9. [OPTIONAL—omit unless supported:] The parties' dealings are [none / correspondence dated (date), Exhibit (reference)]. [No legal proceedings exist between them / The following proceedings are pending: (details)].

10. Under the mark, the applicant has built [specific goodwill facts]. Refusal would [specific consequence]. [OPTIONAL—omit unless agreed:] The applicant is willing to accept the following condition or limitation under Section 12: [restriction of goods/services, territory or presentation].

11. The exhibits are [originals/true copies from identified sources] and are indexed with their dates and what each shows. Documents dated after the application date are identified by their actual dates.

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]