How to complete a witness statement
The statement must be headed with the words ‘TRADE MARKS ACT 1994’. Under this, on the right hand side, you should insert details of:
- the application number
- the name of the applicant
- the mark
- the class or classes of goods or services which the evidence is about
All this information must be exactly the same as you put on the application form TM3. Then include the title ‘Witness statement’.
Part 1: Who is making the statement
- the name of the person making the statement
- their address - usually the official business address, but it could be their private address
- their position, status, or rank within the company
- the applicant company
- the source of their information - personal knowledge, company records, or other
Part 2: Date of first use
- the mark (if a word-only mark), or an illustration of the mark (if a logo or word and logo) in the exact manner you use it
- the date the mark was first used in the United Kingdom
- ‘the applicant’, or, if the mark was previously owned by someone else, who the previous owner was, and when and how you acquired ownership of the mark
Part 3: Specification
List, for each class of the application, all the goods or services on which the mark has been used, together with the year in which the mark was so used. If you cannot give an exact date, you can use the phrase ‘not later than’.
Part 4: Exhibits
List exhibits showing use of the mark exactly, or substantially, as applied for. You should cross reference these, for example, exhibit 1, exhibit 2, and so on. Remember, all exhibits (brochures, leaflets, and so on) must have been in use before the date of your application.
Part 5: Sales or turnover
Give the amount of annual sales or turnover or fees before the date of your application. If you are applying for goods or services in a wide range of classes, you should provide separate figures for each class, as far as possible.
Part 6: Advertising expenditure
Give the annual amount spent on advertising or promoting the mark before the date of your application. State what sort of advertising you have used, for example, TV, radio, titles of newspapers or magazines, hoardings, and so on. It will help if you include samples of the advertisements as exhibits.
Part 7: Where used
State where in the UK the goods have been sold, or the services provided. We cannot take into account use outside the UK.
Part 8: Other information
Please provide any additional information about the use of the mark which you think can help your application.
Part 9: Statement of truth
The statement must include the words ‘I believe that the facts stated in this witness statement are true’. Then sign and date the statement.