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In case, the use of the trade mark is claimed prior to the date of application, the applicant is…

Rule 25(2) of the Trade Marks Rules, 2017 provides that where use is claimed from before the date of application, the applicant "shall file an affidavit testifying to such…

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In case, the use of the trade mark is claimed prior to the date of application, the applicant is required to file

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Rule 25(2) of the Trade Marks Rules, 2017 provides that where use is claimed from before the date of application, the applicant "shall file an affidavit testifying to such use along with supporting documents". Documents or a declaration without an affidavit do not meet the rule, and a statement of case is a pleading in opposition or rectification proceedings, not proof of use.

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