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Showing posts from October, 2025

Trademark User Affidavit: A Complete Guide to Proving Prior Use in Trademark Registration

  When filing for trademark registration in India , one of the most important documents you may need is the Trademark User Affidavit , also called the Trademark Statement of Use . This affidavit serves as proof that you have already been using your trademark in business before applying for registration. What Is a Trademark User Affidavit? A Trademark User Affidavit is a sworn declaration confirming that your trademark is already in commercial use for certain goods or services. It is submitted along with Form TM-A when applying for trademark registration in India. By filing this affidavit, you establish prior use of your trademark , giving you priority rights over later applicants with similar marks. Under the Trademark Rules, 2017 , filing a user affidavit is mandatory when claiming prior use. Why Is It Important? Claiming prior use strengthens your trademark application and helps protect your rights. If another party later applies for a similar mark, your affidavit and s...