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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 supporting evidence can demonstrate your ownership, reputation, and goodwill.

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

What Changed Under the Trademark Rules, 2017?

Earlier, under the Trademark Rules, 2002, filing a user affidavit was optional. The Registrar of Trademarks could request it at their discretion.

However, the Trademark Rules, 2017 made the affidavit mandatory whenever the trademark is already in use. Applicants must now include:

  • The period of use of the trademark, and

  • The name of the person or entity using it for the specified goods or services.

Without a user affidavit, a prior use claim cannot be accepted.

Who Should File the Affidavit?

  • For individual applicants, the affidavit must be signed and verified by the applicant.

  • For a company or LLP, the affidavit must be signed by an authorised signatory.

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




Mentioning the Date of First Use

Applicants must specify the date of first use of the trademark in their registration form:

  • For goods, it’s the date the goods were first sold or transported under the mark.

  • For services, it’s the date the services were first offered under the mark.

If the trademark has not been used yet, applicants should state “Proposed to be used”, in which case no user affidavit is required.

What Should a Trademark User Affidavit Include?

A complete Trademark Statement of Use should mention:

  • 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:

  • Invoices, bills, or purchase orders showing the trademark.

  • Brochures, catalogues, and pamphlets featuring the mark.

  • Advertisements or media mentions (print or digital).

  • Annual sales statements or service records under the mark.

  • Website screenshots or social media posts displaying the mark.

These materials help establish genuine and continuous use in trade.

Benefits of Filing a Trademark User Affidavit

Filing a Trademark User Affidavit offers several advantages:

  1. Proves prior ownership and helps establish priority rights.

  2. Strengthens registration for descriptive or generic marks.

  3. Supports opposition or objection defense with documentary evidence.

  4. Acts as proof in infringement cases.

  5. Enhances credibility and brand reputation.

Final Thoughts

The Trademark User Affidavit is more than just a supporting document — it’s 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 protect your brand and build a strong legal foundation.

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Location: Hyderabad, Telangana, India

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