Definition and Purpose

• A user affidavit is a sworn statement declaring prior use of a trademark.
  
• It is required when the applicant claims that the trademark is already in use.
  
• The affidavit supports the “use” claim made in the application.
  
• It helps establish the applicant’s rights based on prior usage.
  
• The document must be filed in compliance with Indian trademark rules.
  

Legal Requirement in India

• As per Rule 25 of the Trade Marks Rules, 2017, the affidavit is mandatory for prior use claims.
  
• It must be submitted along with the trademark application or within the prescribed time.
  
• The affidavit must be properly signed and notarized.
  
• Failure to submit the affidavit may lead to objections or refusal.
  
• It applies to both word marks and device marks.
  

Content of the Affidavit

• Full details of the applicant and the mark being used.
  
• Date of first use of the trademark in India.
  
• Nature of goods or services associated with the mark.
  
• Mode and scope of use, including geographical spread.
  
• Supporting documents such as invoices, advertisements, and packaging.
  

Importance in Examination

• The affidavit helps prove that the mark has acquired reputation and distinctiveness.
  
• It strengthens the case during the examination and opposition stages.
  
• Reduces the chances of objections on the grounds of non-use.
  
• Provides evidence of goodwill and market recognition.
  
• Establishes continuity of usage over time.
  

Format and Filing Guidelines

• Must be drafted on non-judicial stamp paper as per state requirements.
  
• Should be signed by the applicant or an authorized signatory.
  
• Must be attested by a notary public or commissioner of oaths.
  
• Filed in Form TM-A along with the application if claiming prior use.
  
• Must include annexures of supporting evidence labeled and referenced clearly.