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BEFORE THE REGISTRAR OF TRADE MARKS, MUMBAI

IN THE MATTER OF REGISTRATION OF THE TRADEMARK


‘LIVOLIVE FORTE’ ‘H.E.A.L HEALTH EXERCISE AND
LONGEVITY’ UNDER REGISTRATION NO. 2040526 IN CLASS 9
APPLICATION NO. 2082576 IN CLASS 31 IN THE NAME OF INDIAN
HERBS SPECIALITIES PRIVATE LIMITED, HAVING ITS
REGISTERED ADDRESS AT D-21 SHOP NO. 2, ACHARYA
NIKETAN, MAYUR VIHAR, PHASE-1, NEW DELHI- 110091 AND
HAVING ITS BRANCH OFFICE AT SHARDA NAGAR,
SAHARANPUR- 247001 (U.P)

SHAYAMAL VALLABHJEE (“APPLICANT”), RESIDING AT FLAT


126 NIBANA APARTMENTS (B WING), PALI HILL ROAD, BANDRA
WEST, MUMBAI – 400050.

1
AFFIDAVIT

I, INDIAN HERBS SPECIALITIES PRIVATE LIMITED (‘Propritor’),


Shayamal Vallabhjee, S/o [●], aged about [●] years, residing at Flat 126
Nibana Apartments (B Wing), Pali Hill Road, Bandra West, Mumbai –
400050, having registered office at D-21 Shop No. 2, Acharya Niketan,
Mayur Vihar, Phase-1, New Delhi- 110091, do hereby solemnly affirm and
state as under:-

1. I am fully conversant with the facts of the above trademark


application and I am competent to swear this affidavit.

2. I say that, the previous proprietor, that is Mr. Sushil Kumar


Agrawal,Ms. Lara Dutta, had applied for registration of the mark
‘H.E.A.L HEALTH EXERCISE AND LONGEVITY’ ‘LIVOLIVE
FORTE’ vide Application No. 2082576 2040526 in Class 31 9 on
October 20, 2010 January 10, 2011 and the captioned mark
‘H.E.A.L HEALTH EXERCISE AND LONGEVITY’ ‘ LIVOLIVE
FORTE’ has been in use from October 1, 2010. April 01, 2000.

3. I say that the captioned mark ‘H.E.A.L HEALTH EXERCISE AND


LONGEVITY’ was registered on May 4, 2012 and the Applicant
applied for transferring the mark ‘LIVOLIVE FORTE vide Form
TM-16 24 on April 11, 2013.January 19, 2015.

4. I further state that, there are no pending claims or litigations before


any court or other competent authority pertaining to the use of the
captioned mark by the Applicant.

I therefore, respectfully submit that the Hon’ble Registrar proceed with the
application and the same may be accepted for registration.

Dated this _____the day of October, 2017

DEPONENT
Shayamal Vallabhjee
2
Indian Herbs Specialties Private
Limited

VERIFICATION

I, Shayamal Vallabhjee Indian Herbs Specialties Private Limited, do hereby


solemnly affirm and state that the facts stated in paragraphs 1 to 4 above
are true to the best of my knowledge and information. The last
unnumbered paragraph is the submission to the Hon’ble Registrar.

Solemnly affirmed at Mumbai Mumbai


Dated this ___the day of October 2017

DEPONENT

Shayamal Vallabhjee
Indian Herbs Specialties Private
Limited