A solid evidence affidavit is one of the most crucial documents in a trademark opposition or objection proceeding. It is filed under Rule 45 of the Trade Marks Rules, 2017 to support your claim of ownership, use, and distinctiveness of the trademark.

Here’s a structured guide on how to draft it:

How to Draft a Solid Evidence Affidavit for Your Trademark

1. Title and Heading

• Begin with the proper heading:
  “Before the Registrar of Trade Marks, [Location]”
  In the Matter of Trade Mark Application No. [xxxx] for the Mark [Trademark]
  Affidavit of Evidence in Support of the Applicant

2. Introduction of Deponent

• State the name, designation, address, and relation to the applicant.
  Example:
  “I, [Full Name], [Designation] of [Company Name], having its registered office at [Address], do hereby solemnly affirm and state as follows:”

3. Details of the Trademark

• Mention the application number, date of filing, and class of goods/services.

• Clearly identify the trademark (word, logo, or device).

4. Statement of Use

• Provide details of first use of the trademark (date, place, nature of use).

• Describe how the mark has been used continuously in business.

• Attach invoices, bills, advertisements, packaging samples, domain name registrations, etc.

5. Proof of Promotion and Reputation

• Mention advertising and promotional efforts:

  • Expenditure on advertisements.

  • Platforms used (TV, newspapers, digital media, exhibitions).

  • Awards or recognitions (if any).

• Attach supporting documents such as ad copies, screenshots, and promotional materials.

6. Sales and Business Growth

• Provide turnover figures for the last few years to show commercial success.

• Attach audited statements, sales invoices, or tax returns as evidence.

7. Evidence of Distinctiveness

• State that the mark has acquired secondary meaning through long and continuous use.

• Mention customer recognition, goodwill, and market association with the mark.

8. Declaration Against Opponent’s Claim (if applicable)

• Refute the opponent’s objections by explaining why there is no similarity or confusion.

• Highlight differences in goods/services, trade channels, or consumer base.

9. Verification Clause

• End with a solemn declaration that the contents are true.
  Example:
  “I, [Name], do hereby verify that the contents of this affidavit are true and correct to the best of my knowledge, belief, and information. Nothing material has been concealed therein.”

• Place: [City]

• Date: [DD/MM/YYYY]

• Signature of Deponent

• Attestation by Notary/Oath Commissioner

Quick Tips for a Strong Evidence Affidavit

1. Be specific – use dates, figures, and facts, not vague statements.

2. Attach exhibits – invoices, ads, catalogues, social media posts, contracts, etc.

3. Ensure consistency – facts in the affidavit must match your trademark application.

4. Notarize properly – an affidavit without attestation may not be accepted.

5. Use professional drafting – mistakes in affidavit can weaken your case.