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

Indian Trademark Law · 2026 Guide

Trademark User Affidavit

Statement of Prior Use · India

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Everything you need to know about filing a Trademark User Affidavit
under the Trademark Rules, 2017 in India.

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 sworn 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 alongside 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 whenever a prior use claim is made.

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Form TM-A

Filed together with your trademark registration application

MANDATORY

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Priority Rights

Establishes your ownership over any later applicants with similar marks

PRIOR USE

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Notarised Document

Executed on stamp paper and attested by a Notary Public

LEGALLY VALID

🛡️ 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 supporting evidence can demonstrate your ownership, reputation, and goodwill in the market.

It also acts as powerful evidence if your mark faces an objection or opposition during the registration process.

🔄 What Changed Under the Trademark Rules, 2017?

Before · Rules 2002

Filing a user affidavit was optional. The Registrar of Trademarks could request it at their discretion — it was not required by default.

Now · Rules 2017

Filing is now mandatory whenever the trademark is already in use. Without it, a prior use claim cannot be accepted.

Applicants must now include:

• The period of use of the trademark
• The name of the person or entity using it for the specified goods or services

👤 Who Should File the Affidavit?

👤 Individual Applicant

The affidavit must be signed and verified by the applicant themselves.

🏢 Company / LLP

The affidavit must be signed by an authorised signatory of the company or LLP.

The document must be executed on non-judicial stamp paper and attested by a Notary Public or another authorised officer.

📅 Mentioning the Date of First Use

📌 Date of First Use — How to Determine It

GOODS Date the goods were first sold or transported under the trademark mark.

SERVICES Date the services were first offered under the trademark mark.

NOT YET USED State "Proposed to be used" — no user affidavit is required in this case.

📝 What Should a Trademark User Affidavit Include?

A complete Trademark Statement of Use should cover:

• The trademark (wordmark or logo) and its description
• The name, address, and designation of the deponent
• The class of goods or services as per the Nice Classification
• The date of first use and statement confirming continuous use

📁 Supporting Documents Required

To prove prior use, attach documents such as:

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Invoices, Bills & Purchase Orders

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Advertisements & Media Mentions

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Annual Sales Statements

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Brochures, Catalogues & Pamphlets

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Website Screenshots & Social Media Posts

These materials help establish genuine and continuous use of your trademark in trade.

✅ Benefits of Filing a Trademark User Affidavit

1. Proves prior ownership and helps establish priority rights over competing applicants.
2. Strengthens registration even for descriptive or generic marks where distinctiveness must be proven.
3. Supports opposition or objection defense with concrete documentary evidence during examination.
4. Acts as proof in trademark infringement cases before courts or the Registrar.
5. Enhances credibility and protects your brand's established reputation and goodwill.

Protect Your Brand Today

The Trademark User Affidavit is more than just a supporting document — it is crucial evidence that validates your brand's prior existence and reputation. By submitting an accurate and well-documented statement of use, you can secure your trademark rights and prevent disputes in the future.

If your trademark is already in use, always file a Trademark User Affidavit with your registration application to build a strong legal foundation.

Consult a Trademark Expert

This article is for general informational purposes only and does not constitute legal advice. Please consult a qualified trademark attorney for advice specific to your situation.