User Affidavit - Trademark Statement of Use

Statement of use is an affidavit that is to be attached with the trademark application when previous use has been claimed in the trademark application. User affidavit is mandatory for all trademark application.

Trademark registration in certain cases is based on prior use or first claim and hence the applicant needs to attach the user affidavit along with the trademark application.

What is User Affidavit?

User- Affidavit is an official trademark statement that is made by the trademark user along with the trademark registration application. The user affidavit is a mandatory attachment that is required to be attached with all trademark applications.

The proprietor signing the affidavit is known as “deponent” who declares that the content mentioned in the affidavit is true and accurate to the best of his belief and knowledge and nothing has been concealed or misstated.

What is ‘User date’ in an Affidavit?

The “User date” is the date which implies the date of first use of the trademark by the proprietor which is included in the affidavit. the trademark applicant needs to include the commercial transaction receipts in such cases.

Note: The applicant will have to provide an affidavit whether the mark is registered or not.

Documents in Support of Prior Use

In case the trademark is being used previously by the proprietor then the documents in respect of it shall be attached along with the affidavit.

Documents which can be attached along with affidavit are as follows:

  • Date of first use in case of “goods” is the date when the goods were first transacted by the proprietor under the mark. or,
  • Date of first use in case of “services” is the date when the services were first rendered by the proprietor under the mark.
  • Any invoice issued by the proprietor in respect of goods or services rendered.
  • Any copy of the advertisement made by the proprietor in respect of goods or services.
  • Any hoarding or template in respect of goods or services.

Content of User – Affidavit

Under the Trademark Rules, 2017 the user affidavit submitted along the application shall contain following documents along with the trademark application.

Name of the Mark

The user affidavit shall include the “name of the mark” that is to be registered. The name of the mark must be clearly mentioned along with its description on all trademark application.

Details of the Proprietor

The user affidavit shall include “name, address, nationality” of the proprietor.

Class of the Mark

The user affidavit shall clearly mention the “Class of the Mark” under which the trademark is required to be registered by the user.

The class of the mark means under which the goods are being traded or services are rendered by the proprietor.

Date of first use of Mark

The user affidavit shall include the date of first use of the trademark by the proprietor. Date of first use is the date when the goods were first transacted, or the services were first rendered, under the mark by the proprietor.

In case the mark is to be firstly used by the proprietor, then the date of first use can be mentioned as “Proposed to be used”.

 


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