Trademark User Affidavit Format

When filing for trademark registration in India, one of the most decisive pieces of evidence in establishing ownership is the user affidavit, commonly called the Trademark User Affidavit or Statement of Use. Especially in a “first-to-use” jurisdiction like India, the ability to prove actual usage can make or break the registration and future enforcement of your mark. The Trade Mark Rules, 2017, have made such affidavits mandatory whenever a previous date of use is claimed, changing the landscape for applicants.

This blog explores what a trademark user affidavit is, why it matters, the legal rules behind it, and how to prepare a robust and compliant affidavit, complete with a detailed format and practical tips.

What is a Trademark User Affidavit?

A trademark user affidavit is a legally notarized document stating that the applicant has been using the trademark in connection with specific goods or services before the date of filing the trademark application. It is a factual and sworn declaration made by the applicant or an authorized representative providing the exact date of first use, the scope of use, and submitting supporting evidence. This document must be executed on non-judicial stamp paper and notarized to be valid.

Legal Requirements

• The affidavit must be executed on non-judicial stamp paper.
• It must be sworn before a notary public or an officer empowered to administer oaths.
• The affidavit should state the exact date of first use, the nature of goods or services, and supply supporting evidence.
• The deponent’s address and designation must be mentioned clearly.

Why is the Trademark User Affidavit Important?

• Establishes Priority – In disputes, prior use beats prior registration. A user affidavit substantiates your “first use” claim.
• Increases Chances of Approval – Applications supported by strong user evidence are less likely to be objected to on the grounds of “proposed use only.”
• Protection in Litigation – Courts and trademark authorities give significant weight to user affidavits when determining ownership and honest concurrent use.
• Clarity and Transparency – Affidavits with clear sale evidence, invoices, and advertising show regulators you are not making false or vague claims.

What Should Be Covered in a Trademark User Affidavit?

A comprehensive user affidavit will typically include –

• The applicant’s complete name, address, and nationality
• Trademark name or device/logo (and class number(s))
• Description of goods or services under the trademark
• The date and circumstances of first use in India
• Territorial scope of use (where in India the mark has been used)
• Marketing channels, promotional activities, and notable clients, if applicable
• Attachments – sample invoices, advertisements, packaging, order receipts, sales data, etc.
• Declaration that all facts are true and complete to the best of the deponent’s knowledge
• Signature, date, and official notary attestation (with notarial seal)

Trademark User Affidavit – Sample Format

Below is a robust format, incorporating all elements recommended under Indian law. Customize the fields in accordance with your application.

TRADEMARK USER AFFIDAVIT

(On appropriate non-judicial stamp paper)

AFFIDAVIT OF USE OF TRADEMARK

I, [Full Name],

[Designation, if applicable],

[Authorized Signatory/ Proprietor/ Partner],

of [Business Name/ Entity],

residing at/ having registered office at [Full Address],

do hereby solemnly affirm and state –

1. I am competent and duly authorized to execute this affidavit on behalf of the applicant and am fully acquainted with the facts of this matter.
2. The applicant is the lawful user/proprietor of the trademark “[Mark Name/Logo Design]”, applied for under Class [Class Number(s)] for goods/services viz. [Detailed List/Description].
3. The aforesaid trademark has been used continuously and openly since [Date of First Use], for the said goods and services in India.
4. Supporting documents substantiating the use, including but not limited to invoices (marked as Annexure 1), advertisements (Annexure 2), and packaging samples (Annexure 3), are annexed hereto.
5. The trademark has been used in the following regions/territories in India – [State/City/Region if applicable].
6. The mark has been promoted through channels such as [List notable sales, promotional activities, if applicable].
7. All statements made herein are true and correct to the best of my knowledge and belief, and nothing material has been concealed.

Solemnly declared at [Place]

This Day of Month, Year

Signature

Name & Designation

Seal/Company Stamp if applicable

Attested before me:

Signature of Notary/Officer

Name, Designation & Notarial Stamp

Date

Best Practices for Submitting a Trademark User Affidavit

• Write Clearly – Use concrete, verifiable evidence. Generic statements can subtract from their evidentiary/affidavit weight.
• Provide Quality Evidence – Courts and the Trademark Office view affidavits with physical evidence (advertising materials, shipping bills, client invoices, photos of products or services bearing the mark) with higher regard.
• Stamp Paper Requirement – The affidavit must be drafted on the type of stamp paper required by an applicant’s state (Refer to what your state requires, typically ₹100 or more).
• Properly Sworn – Affidavits must be properly sworn to by a “duly appointed” notary, stamped and dated.
• Date Accuracy – Check the affidavit date, as well as any and all evidence dates, against the claimed “first use” date indicated in the application.
• Authority to Sign – If it is a firm or company application, provide a board resolution or power of attorney indicating that the deponent is authorised to swear the affidavit.

Common Mistakes to Avoid

• Claiming use without real proof, regulators may reject the claim if evidence is missing or vague.
• Not referencing the attached documents in the affidavit.
• Using incorrect trademark details or class numbers.
• Omitting signed and notarized declarations.
• Filing an affidavit not matching the language or requirements of the Trade Mark Rules, 2017.

Conclusion

The Trademark User Affidavit is still the key document for trademark applicants who want to establish a date of prior use in India. Carefulness, sincerity and sufficient supporting evidence are key to making your user affidavit withstand scrutiny both at the CGPDTM and with any subsequent litigation or opposition. With all of this focus on drafting a strong and compliant user affidavit, you have done a lot to strengthen your legal rights, deter any potential challenges and facilitate the process of receiving full trademark protection.