User Date in Trademark Registration: How to Claim It?

In trademark law, the concept of “user date” plays a crucial role in determining ownership, priority and enforceability of a trademark. In India, trademark rights are primarily based on use, not merely on registration. This makes the user date one of the most important elements in the trademark registration process.

Whether you are a startup, MSME or an established business, understanding what user date means, why it matters and how to correctly claim it can help you secure stronger trademark protection and avoid objections or disputes.

This blog explains the concept of user date in trademark registration, its legal importance and the step-by-step process to claim it correctly.

What is a User Date in Trademark Registration?

The user date refers to the date on which a trademark was first used in commerce by the applicant in relation to specific goods or services.

In simple terms, it answers the question: –

“From which date have you been using this trademark for your business?”

The user date is declared in the trademark application and can be either:

• Actual use date, or
• Proposed to be used date

Legal Basis of User Date in India

Under the Trade Marks Act, 1999, trademark rights in India arise from prior use, not just from registration. Courts have consistently upheld the principle that:

A prior user of a trademark has superior rights over a subsequent registrant.

This means that even an unregistered trademark owner can claim rights if they can prove earlier use through a valid user date and supporting evidence.

Types of User Date in Trademark Applications

1. User Date as “Already in Use”

If you have already started using the trademark before filing the application, you must mention:

• The exact date of the first commercial use

Example: –

“User date: 15 March 2022”

This strengthens your application because it establishes prior use rights.

2. User Date as “Proposed to Be Used”

If you have not started using the trademark yet, you can file the application as: –

“Proposed to be used”

In this case:

• No user date is mentioned
• Trademark rights start from the filing date, not from use

This option is common for startups and new brands.

Why is User Date Important?

1. Determines Priority Over Other Trademarks

If two parties apply for similar trademarks, the one with the earlier user date usually gets priority, even if the other party filed first.

2. Helps Overcome Trademark Objections

During examination, the Trademark Registry may raise objections under: –

• Section 11 (similar marks)

A valid earlier user date, supported by evidence, can help overcome such objections.

3. Crucial in Opposition Proceedings

If a third party opposes your trademark: –

• Your user date and proof of use become critical in defending the application

4. Strengthens Enforcement and Infringement Claims

In infringement or passing-off cases: –

• An earlier user date establishes goodwill and reputation
• Courts give preference to prior users

How to Claim User Date in Trademark Registration?

Claiming a user date requires accuracy, honesty and proper documentation. Below is a step-by-step explanation.

Step 1: Identify the Actual Date of First Use

The user date must be: –

• The earliest date when the trademark was used commercially
• Not merely when the brand name was conceived or registered as a domain

Commercial use includes: –

• Sale of goods
• Rendering of services
• Advertising or promotion linked to business activity

Step 2: Ensure Consistency Across Records

The user date should match: –

• Invoices
• Marketing materials
• GST records
• Website launch or advertisements

Any mismatch can weaken your claim.

Step 3: Select “Used Since” While Filing TM-A

When filing Form TM-A: –

• Choose the option “Used since”
• Enter the correct user date in DD/MM/YYYY format

If not used yet, select “Proposed to be used” instead.

Step 4: Prepare Documents to Support User Date

Claiming a user date without evidence can lead to objections or refusal. Commonly accepted documents include: –

• Sales invoices showing trademark usage
• Bills or purchase orders
• Product packaging or labels
• Website screenshots (with date proof)
• Advertisements (newspapers, social media, Google ads)
• GST registration certificates
• MSME or Shop Act registrations
• CA-certified affidavit of use

Step 5: Submit Affidavit of Use (If required)

In many cases, especially where an objection is raised, the Trademark Registry may ask for an Affidavit of Use.

The affidavit contains: –

• Date of first use
• Nature of goods/services
• Mode of use
• Supporting documents annexed

It must be: –

• Notarised
• Signed by the applicant or authorised signatory

Can User Date Be Changed Later?

Yes, but with caution.

• Changing from “proposed to be used” to “used” is allowed later with proof
• Backdating or falsely claiming earlier use is not permitted and may lead to: –
  • Objection
  • Cancellation
  • Legal consequences for misrepresentation

Always claim a user date that you can prove.

Common Mistakes to Avoid While Claiming User Date

• Claiming an incorrect or exaggerated earlier date
• Lack of documentary proof
• Mismatch between user date and invoices
• Using only the domain registration date as proof
• Claiming use without actual commercial activity

Such mistakes often result in objections or opposition losses.

User Date vs Filing Date: Key Difference

Aspect	User Date	Filing Date
Meaning	Date of first use	Date of application
Basis of rights	Commercial use	Legal filing
Stronger protection	Yes	Comparatively weaker
Needed for prior user claim	Yes	No

Is User Date Mandatory?

No, but it is highly recommended.

• If you are already using the trademark → Claim user date
• If not → File as proposed to be used

Claiming user date gives you broader and stronger rights.

Conclusion

The user date in the trademark registration process is a powerful legal tool that establishes your priority, ownership and enforceability of trademark rights. Since Indian trademark law is based on prior use, a correctly claimed and well-supported user date can make the difference between acceptance and refusal or success and failure in legal disputes.

However, claiming a user date must be done carefully, honestly and with proper documentation. Businesses should ensure consistency across records and seek professional guidance when required.

By understanding how to correctly claim and support your user date, you can secure a stronger trademark and protect your brand more effectively in the long run.