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In the matter of The Trade Marks Act 1999

And
In the matter of
Application for the
Registration of Trademark
JISAAN
AFFIDAVIT

I Manauar Salim Khan, acting as CEO in JISAAN, having office at


153/3, East to West Flyover, Sion Link Road, Sanaullah Compound,
Mahim East, Mumbai, 400017 , residing at Dr Balika Naga, Bldng
no,8,Room no.518,5th floor Jasmine Mill Road Near Ever Shine
Medow Dharavi Mumbai, Maharashtra 400017 do hereby solemnly
affirm as hereunder:

My Firm is engaged in the business of variant Goods / Services


since 02/02/2013 .

My Firm has adopted the mark JISAAN since 02/02/2013. To attain


a statutory protection for the said mark My Firm is filing an
application for trademark registration in the Office of Trade Marks
Registry of which details are stated hereunder:

Class Goods/Services
25 Clothing

The grounds of claiming the rights on the said mark is submitted


herewith.

May we apprise the Learned Tribunal that the trademark is


distinctive. The said trademark is not likely to cause confusion or
deception in the course of trade or amongst the people common to
trade and public at large. Hence, the said mark causes no likelihood
of confusion in the market place.

May we apprise the Learned Tribunal that the subject mark of the
application is a non-customary.

It is pertinent to note that the said trademark is in honest use since


02/02/2013. Due to such continuous use and extensive publicity the
subject trademark has become popular to people common to trade
and public at large.

I further state that My Firm is carrying out the said business with
the said mark since 02/02/2013. It is considered as goodwill or
reputation of my business. People recognize the business with the
said mark with a view to protecting its extremely valuable goodwill
and reputation.

The mark is used continuously for 5 YEARS. It requires years to


build a goodwill and reputation and the same is gained by the
aforesaid mark. The mark is also used in our promotional activities
that are involved in promoting the business.

The said products in the market are always called for by the name
JISAAN and that the said trade mark is prominently referred by
above material to such an extent that I feel confident in stating that
it has been seen to millions of people in India.

There is a good demand for my Company's Services under the said


mark all over India and the fact that these services are commonly
asked for / recieved from customers in different places in India.

Listed hereunder few of our Clients:

COMPANY / ENTITY ADDRESS


35, South Yaswantganj, 28/1 Adinath,
AVI Enterprises
Manglic Bhavan, Indore
BRV Tower, Baji Rao Gali,, Near
Guru Gobind Singh
Ganja Khet, Chowk, Itwari Nagpur-
Garments
440002
2285/9 gali hinga beg. tilak bazaar
JM JAIN
delhi, 110006
A-7, Busy Land Complex,Nr I.T.C.
S.V Sons Chaupal Sagar,, Nandgaon Peth, Dist-
Amravati
Corporate Office,74-C, New Market
The Chennai Silks
Street,, Tirupur-641604

To prove the honest use of mark by my Firm a statement of sales


turnover is provided hereunder:

YEAR WISE SALES / TURNOVER / AS PER TRADING OR


MANUFACTURING ACCOUNT OR PROFIT & LOSS ACCOUNT

SALES DURING THE YEAR


Sr.No. FINANCIAL YEAR
(in Rs.)
1. 2012-13 40000000.00
2. 2013-14 50000000.00
3. 2014-15 80000000.00
4. 2015-16 80000000.00
5. 2016-17 120000000.00

The said trade mark JISAAN has been widely advertised in INDIA
by us and/or our authorized distributor by means of direct mailers,
newspapers, technical magazines, periodicals & other sales promotion
items and from the date of commencement of use of the trade mark
to the date of making the application, substantial sum of money were
spent in such advertising as follows

FINANCIAL APPROX.AMOUNT SPENT ON


YEAR ADVERTISEMENT
2012-13 Rs. 300000.00
2013-14 Rs. 500000.00
2014-15 Rs. 700000.00
2015-16 Rs. 750000.00
2016-17 Rs. 1000000.00

Hence, the application to the Hon’ble Trade Marks Registry is being


made to protect the trademark from misuse in the same line of
business. Thus, safeguard our proprietory rights on the trademark.

My Firm trust that the submissions complies our claim and are
satisfactory. Hence, we pray your honour to accept the trademark for
advertisement in the Trade Marks Journal at your earliest
convenience.

My Firm also request that, if the respected authorities are not


satisfied with the above reply, before taking any adverse decision,
kindly call for a Show Cause Hearing on the above application and
oblige.

Declared this ___day of __________ month of ______year

__________

Signature of deponent

Name:
VERIFICATION

Verified that the contents of this affidavit are true to the best of my
knowledge and no part of the affidavit is false and nothing has been
concealed or misstated therein.

Verified at --------------(place) on this the ------(day) of -----------


(month) , -----------(year ).

__________

Signature of deponent

Solemnly affirmed and signed in my presence on this the -----------


(day) of ---------------(month) ,-------------(year ) after reading the
contents of this affidavit.

Before me.
Notary

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