AFFIDAVIT OF CONSTITUTED ATTORNEY OF REGISTERED PROPRIETOR
                                                                          In the Matter of The Trade and
                                                                           Merchandise Marks Act 1958
                                                                                                                         And
                                                                                         In the Matter of an application to register
                                                                                         AB Co. Ltd. as the Registered User of the
                                                                                             Registered Trade Mark No. 5 in Class 1
                                                                                        now standing in the name of RP Co. Ltd.

AFFIDAVIT

I………aged……..years, son of………….residing at…………by occupation service do hereby solemnly affirm and say as follows:
1. I am a citizen of India. I am a Director of RP Co. Ltd. having its registered office in San Francisco, U.S.A. hereinafter referred to as the registered PROPRIETOR of Trade Mark COMOF and I have been serving with the registered proprietor for the last several years.
2. The said Trade Mark COMOF has been registered having Trade Mark No. 5 Class 1. 3. The said Trade Mark is registered in India since the last 5 years.
4. AB Co. Ltd. is registered under the Companies Act 1956 in India and it has been manufacturing computers for office purpose. For mutual advantage it has been agreed between the parties that AB Co. Ltd. Will manufacture computers in accordance with specifications of the registered proprietor and sell the same on certain terms and conditions.
5. An agreement has been entered into between the registered proprietor and AB Co. Ltd. On…………..to use the Registered Trade Mark COMOF in respect of all computers to be manufactured and sold by AB Co. Ltd. By such agreement, AB Co. Ltd. has been given a non-exclusive right to use the Trade Mark comof without any limitation of period subject to termination of the agreement on prior 3 months' notice from either side.
6. The registered proprietor is carrying on business as the manufacturer of and dealer in Computers for office purpose for the last ten years and for expansion of business AB Co. Ltd. has been formed as a subsidiary of the REGISTERED PROPRIETOR.
7. The registered proprietor has not entered into any agreement or allowed the use of the said Registered Trade Mark to any person prior to the present agreement. The registered proprietor acquired the ownership or proprietorship of the said Trade Mark COMOF by use and registration and not by any other means.
8. The registered proprietor will exercise control over the use of Trade Mark by AB Co. Ltd., and keep a check as to the compliance by the latter of the terms and conditions of the said user agreement. The annual expenses likely to be incurred by the registered proprietor for such supervision and control cannot be reasonably estimated.
9. The permitted use of the said Trade Mark by AB Co. Ltd. is intended for sale of Computers in India and for export to other countries.
10.1 know and I have made myself acquainted with the business activities of the registered proprietor and also of AB Co. Ltd. I have read and understood the contents of the User Agreement between the Registered User and AB Co. Ltd. The statements contained in the said agreement are true and correct and the same are incorporated herein as a part of this affidavit.
11. The statements contained in paragraphs 1 to 9 are partly on personal knowledge and partly based on information derived from records maintained by the registered proprietor which I believe to be true.
Signature
Solemnly affirmed by the said
Mr…………..pursuant to the Power of Attorney dated…………executed by RP Co. Ltd.,  at Mumbai on this………day of October 2005.

Dear Sir
Re:  Trade and Merchandise Act 1958 (S. 49, R. 82) Application for Registration of Registered User.
An application is hereby made by RP Co. Ltd., an American Company, the Registered Proprietor of Trade Mark COMOF Trade Mark No. 5 Class I in respect of Computers for office use and by AB Co. Ltd.
The AB Co. Ltd. the Indian company may be registered as the Registered User of the above-named Trade Mark in respect of computers for office use subject to the following conditions but without a time-limit.
(a) The Registered User will manufacture computers in its factory in accordance with the specifications to be supplied by the
REGISTERED PROPRIETOR;
(b) The registered proprietor will have the right to inspect the factory premises, office premises, books of accounts and other records of AB Co. Ltd.;
(c) The technical knowhow, designs, data and other particulars that will be furnished by the Registered Proprietor shall be subject to periodical review;
The Registered User agreement is without any limitation of period but subject to the terms and conditions contained in the agreement.
Copies of the Registered User Agreement and affidavit of the
Constituted Attorney of the Registered Proprietor are annexed
hereto.
Yours faithfully
Signature of the authorised	                                  Signature of the Power of Attor-
Officer of Registered User	                                  ney Holder of the Registered
ABCo. Ltd. at		                                             Proprietor EP Co. Ltd. residing
		                                                         at	………..
Enclo: As above