An Affidavit of Non Use is a crucial legal document in Hong Kong's intellectual property landscape, commonly required when dealing with trademark abandonments, business name availability, or intellectual property disputes. This sworn statement must be executed in accordance with Hong Kong's legal requirements, particularly the Oaths and Declarations Ordinance, and needs to be witnessed by a qualified Commissioner for Oaths or Notary Public. The affidavit typically includes detailed information about the subject matter not being used, the period of non-use, and the deponent's authority to make such declarations. It serves as formal evidence in various legal and administrative proceedings, including trademark registry matters and company registry submissions.
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1. Title and Heading: Identifies the document as an Affidavit of Non Use, includes the relevant jurisdiction (Hong Kong) and any reference numbers
2. Deponent Information: Full name, occupation, and address of the person making the affidavit
3. Matter Introduction: Identifies the subject matter of the affidavit (e.g., the specific trademark, business name, or property not being used)
4. Authority Statement: Establishes the deponent's authority to make the declaration and their relationship to the subject matter
5. Declaration of Non Use: Clear statement of non-use, specifying the exact period of non-use and the scope of what hasn't been used
6. Verification Statement: Standard statement confirming the truth of the contents
7. Execution Block: Space for signature, date, and commissioner for oaths' details
1. Background Information: Additional context about the subject matter or circumstances leading to non-use, included when relevant to understanding the situation
2. Future Intentions: Statement about intended future use or abandonment, included when relevant to the purpose of the affidavit
3. Related Proceedings: Reference to any related legal proceedings or applications, included when the affidavit is part of a larger legal process
4. Third Party Rights: Statement about any third party rights or interests, included when there are other parties with potential claims
1. Exhibit A - Subject Matter Details: Detailed information about the trademark, business name, or property in question, including registration numbers if applicable
2. Exhibit B - Supporting Documents: Any relevant documentation supporting the claim of non-use
3. Exhibit C - Corporate Authorization: If the deponent is acting on behalf of a company, documentation showing their authority to make the declaration
Relevant legal definitions
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Relevant Industries
Legal Services
Intellectual Property
Corporate Services
Retail
Manufacturing
Technology
Fashion and Luxury Goods
Consumer Goods
Professional Services
Entertainment and Media
Pharmaceuticals
Financial Services
Relevant Teams
Legal
Intellectual Property
Compliance
Corporate Secretarial
Risk Management
Brand Protection
Business Development
Corporate Affairs
Relevant Roles
Legal Counsel
Intellectual Property Manager
Company Secretary
Compliance Officer
Brand Protection Manager
Trademark Attorney
Corporate Lawyer
Managing Director
Chief Legal Officer
Intellectual Property Director
Risk Management Officer
Business Development Manager
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