Trademark User Affidavit

A Trademark User Affidavit is a mandatory legal document required when filing a trademark application in India under a claim of prior use. It serves as sworn evidence that the trademark has been used before the filing date.

Without a proper user affidavit for trademark registration, the Trademark Registry may not accept claims of prior use. Filing it correctly strengthens your application and protects your priority rights.

What Is a Trademark User Affidavit?

A trademark user affidavit is a notarized declaration submitted along with a trademark application when the applicant claims that the mark has already been used in the market.

It confirms the date of first use and attaches supporting evidence to prove continuous commercial usage. The affidavit is signed and sworn before a notary public, making it a legally binding document.

When Is a User Affidavit for Trademark Required?

A user affidavit for trademark is required when:

• The trademark application is filed with a “prior use” claim
• The applicant wants to establish an earlier usage date
• The mark needs evidence to overcome possible objections

It is not required when the application is filed under “proposed to be used.”

Key Components of Affidavit for Trademark Registration

A proper affidavit for trademark registration includes:

• Deponent Details: Name and designation of the person making the declaration.
• Trademark Details: The specific wordmark, logo, and applicable class number.
• Date of First Use: The exact date when the goods or services were first offered.
• Evidence of Use: Invoices, advertisements, website screenshots, packaging materials, or promotional content.
• Verification Clause: A declaration that the information provided is true and correct, sworn before a notary.

Reliable Trademark User Affidavit with Tax Intelligence

Tax Intelligence helps businesses and brand owners prepare a legally compliant Trademark User Affidavit without errors or delays. We ensure accurate drafting, proper evidence structuring, and smooth filing support so your prior-use claim stands strong during examination.

What Tax Intelligence Delivers for Trademark User Affidavit?

• We prepare a legally structured affidavit for trademark registration.
• We organize invoices and promotional proof effectively.
• We ensure the affidavit meets Trademark Rules, 2017 requirements.
• We help use the affidavit strategically to respond to examination objections.
• We guide you through each step to avoid rejection