BEFORE
THE NOTARY PUBLIC
In The matter of The Trade Marks Act,
1999 and Rules made thereunder
And
In the matter of Application No. 2725538
in Class – 03 in the name of SQUARE TOILETRIES LTD., a company incorporated
under the Companies Act (Act VII) of 1913, Bangladesh of Square Centre, 48,
Mohakhali C/A and Dhaka-1212, Bangladesh.
AFFIDAVIT
I,
ANJAN CHOWDHURY, a Bangladeshi
citizen, aged about 62 years, Square Centre Corporate Head Quarter, 48,
Mohakhali CA, Dhaka-1212, Bangladesh solemnly affirm and declare as under:
1. I am the Managing Director of SQUARE TOILETRIES LTD. a
company incorporated under the Companies Act (Act VII) of 1913, Bangladesh of
Square Centre, 48, Mohakhali C/A and Dhaka-1212, Bangladesh (hereinafter
referred to as ‘my company’) which is engaged in Manufacturing, Marketing &
Exporting of Laundry Soap in the form of Ball & Bar, Washing Powder &
Liquid Detergent (hereinafter referred to as ‘said goods’) under the trade mark
consisting of the expression “CHAKA” represented in an artistic get up
(hereinafter referred to as ‘said Trade Mark’).
2. My company has adopted the said Trade Mark in a bonafide
manner and has started using the same since 21st August, 2011.
Cont........P/2
Page-02
3. On or about 25th April, 2014 my company has
applied for Registration of the aforesaid Trade Mark in consideration whereof
Application No. 2725538 has been allotted in Class – 03 under the provisions of
the Trade Marks Act.
4. I state that my company has been Manufacturing, Marketing
& Exporting of the said goods extensively under the said Trade Mark and the
sales turnover during the period from 2011-12 to 2014-15 are set out herein
below:
Year
|
Amount
(in TK.)
|
2011-12
|
409,04,56,000.00
|
2012-13
|
497,79,72,000.00
|
2013-14
|
544,52,00,000.00
|
2014-15
|
549,29,80,000.00
|
5. The said goods bearing the said Trade Mark have acquired
factual distinctiveness in course of trade. The members of the trade and
purchasing public closely associate the said Trade Mark with my company only and
none else.
6. In view of the aforesaid facts, I state that the instant
Application is entitled to get registration in respect of the said goods in
Class-03.
7. I pray to the Learned Register to accept the aforesaid
Application No. 2725538 in Class – 03.
Cont........P/3
Page-03
I
state that the statements contained in paragraphs 1 to 5 are true to my
knowledge and those under paragraphs 6 and 7 are my humble submissions before
the Learned Register of Trade Marks
Declared
at Dhaka this ---------- day of --------------- April 2016.
............................................
Signature
of the Applicant
The
deponent is known to me, identified by me and he has signed in my presence.
………………………………………..
Advocate
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