Affidavit of Constituted Attorney of Registered Proprietor
In the Matter of The Trade and Merchandise Marks Act 1958
In the Matter of an application to register AB Co. Ltd. as the Registered User of the Registered Trade Mark No. 5 in Class 1 now standing in the name of RP Co. Ltd.
I, …………., aged……….. years, son of……………. residing at……………. by occupation service do hereby solemnly affirm and say as follows:
1. I am a citizen of India. I am a Director of RP Co. Ltd. having its registered office in San Francisco, U.S.A. hereinafter referred to as the registered proprietor of Trade Mark comof and I have been serving with the registered proprietor for the last several years.
2. The said Trade Mark comof has been registered having Trade Mark No. 5 Class 1. The said Trade Mark is registered in India since the last 5 years.
3. AB Co. Ltd. is registered under the Companies Act 1956 in India and it has been manufacturing computers for office purpose. For mutual advantage it has been agreed between the parties that AB Co. Ltd. will manufacture computers in accordance with specifications of the registered proprietor and sell the same on certain terms and conditions.
4. An agreement has been entered into between the registered proprietor and AB Co. Ltd. on …..………………….. to use the Registered Trade Mark comof in respect of all computers to be manufactured and sold by AB Co. Ltd. By such agreement, AB Co. Ltd. has been given a non-exclusive right to use the Trade Mark comof without any limitation of period subject to termination of the agreement on prior 3 months’ notice from either side.
5. The registered proprietor is carrying on business as the manufacturer of and dealer in Computers for office purpose for the last ten years and for expansion of business AB Co. Ltd. has been formed as a subsidiary of the registered proprietor.
6. The registered proprietor has not entered into any agreement or allowed the use of the said Registered Trade Mark to any person prior to the present agreement. The registered proprietor acquired the ownership or proprietorship of the said Trade Mark comof by use and registration and not by any other means.
7. The registered proprietor will exercise control over the use of Trade Mark by AB Co. Ltd., and keep a check as to the compliance by the latter of the terms and conditions of the said user agreement. The annual expenses likely to be incurred by the registered proprietor for such supervision and control cannot be reasonably estimated.
8. The permitted use of the said Trade Mark by AB Co. Ltd. is intended for sale of Computers in India and for export to other countries.
9. I know and I have made myself acquainted with the business activities of the registered proprietor and also of AB Co. Ltd. I have read and understood the contents of the User Agreement between the Registered User and AB Co. Ltd. The statements contained in the said agreement are true and correct and the same are incorporated herein as a part of this affidavit.
10. The statements contained in paragraphs 1 to 9 are partly on personal knowledge and partly based on information derived from records maintained by the registered proprietor which I believe to be true.
Solemnly affirmed by the said
Mr. …………………, pursuant to the Power of Attorney dated …………. executed by RP Co. Ltd., at Calcutta on this …………. day of October 1999.