An Affidavit of Non Use is a crucial legal document in German jurisdiction that provides formal evidence of the non-utilization of specific rights or properties. This document type is commonly required in intellectual property matters, particularly when addressing trademark abandonment, patent non-use, or similar situations where formal declaration of non-use is necessary. The affidavit must comply with German legal requirements, including proper notarization and adherence to the Civil Code (BGB) and Notarization Act (BeurkG). It typically contains detailed information about the declarant, the specific right or property in question, the period of non-use, and any relevant circumstances surrounding the non-use.
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1. Declaration Header: Formal title and identification of the document as an Affidavit of Non Use
2. Affiant Information: Full legal name, address, and other identifying information of the person making the declaration
3. Subject Matter: Clear identification of the item, trademark, property, or right that is subject to the non-use declaration
4. Statement of Authority: Affiant's authority or capacity to make the declaration
5. Non-Use Declaration: Specific statement declaring the non-use, including relevant time periods and circumstances
6. Verification Statement: Statement confirming the truth and accuracy of the declaration
7. Execution Block: Date, signature, and notarization section
1. Third Party Verification: Additional verification by witnesses or other parties when required for specific circumstances
2. Prior Use History: Details of any historical use before the period of non-use, if relevant
3. Future Intentions: Statement regarding intended future use or continued non-use, if relevant to the purpose
4. Jurisdictional Scope: Specific declaration of geographic or jurisdictional limitations of the non-use
5. Force Majeure: Explanation of any extraordinary circumstances preventing use, if applicable
1. Identity Documents: Copies of official identification documents of the affiant
2. Supporting Evidence: Any relevant documentation supporting the claim of non-use
3. Power of Attorney: If the affiant is acting on behalf of another party
4. Official Translations: Certified translations if the affidavit needs to be used in multiple jurisdictions
5. Related Correspondence: Any relevant correspondence or notices related to the non-use
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IP Portfolio Manager
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