Section 49(1) in The Trade And Merchandise Marks Act, 1958
(1)Where it is proposed that a person should be registered as a registered user of a trade mark, the registered proprietor and the proposed registered user shall jointly apply in writing to the Registrar in the prescribed manner, and every such application shall be accompanied by-0(i)the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark; and(ii)an(i affidavit made by the registered proprietor or by some person authorised t the satisfaction of the Registrar to at on his behalf,-(a)giving particulars of the relationship, existing or proposed, between the proprietor and the proposed registered user.including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restrictions as to persons for which registration as registered users application may be made:(b)stating the goods in respect of which registration is proposed;(c)stating the conditions or restrictions, if any, proposed with respect to the characteristics of the goods, to the mode or place of permitted use, or to any other matter;(d)stating whether the permitted, use is to be for a period or without limit of period, and, if for a period, the duration thereof; and(iii)such further documents or other evidence as may be required by the Registrar or as may be prescribed.
