The process of trademark registration is based on the concept of first use and first claim. The person or group that applies for the TM first gets priority. When two trademark applications are applied simultaneously, they are compared, now the one who claims to have used the trademark first and provides a user affidavit as proof of it, will have stronger grounds than the other. This article explains the importance of a User Affidavit For Trademark.
It is a legal document that proves the use of the trademark. When the trademark owner is already using the trademark or sells products with the trademark attached to the product intend for registration, they have to attach the affidavit as proof of prior use of the trademark. Attaching the affidavit to the trademark registration application when the owner claims prior use of the trademark is compulsory.
Advantages
This indicates prior use of the TM.
Impedes the validity of TM registration.
It helps to enhance the market value of a trademark.
Provides legal rights to use a TM.
It helps in facing opposition or objection.
How Does it Related to Trademark Registration
It is important to submit the user affidavit in the process of trademark registration. It’s use to prove that the trademark is in use in commerce, and not just being registered for future use. It must include all information related to the use of the trademark, such as dates of first use, first use in commerce, and type of use of the trademark.
Importance
It must be filed to avoid any hassle in the trademark registration process. It contains a lot of information about the use of the trademark. With this information, you can prove that you are the sole owner of the trademark and have been using it already. Through this, you can save the trademark from cancellation which can happen due to any reason.
Attached Documents
Any recent brochures, pamphlets, hoardings, media publications, advertisements in newspapers or magazines.
Annual sales figures for the services
Invoices and the bills.
Any other document or information showing the reputation and goodwill of the trademark.
Content of Trademark User Affidavit
Accurate details of the trademark desired to register by the applicant.
It should mention all the details of the deponent like name, address, nationality, designation, etc.
It should mention the relevant class of the trademark.
Details of all products and services related to the TM.
It must contain the date of first use by the owner of the trademark.
Preparations and Submissions
First of all, gather all the information or data you need to write in the affidavit. The information includes the name of the trademark, date of first use, product and service details and other documents.
Next, prepare the affidavit with all the required information and make sure that all the information you have given is correct and accurate and written in clear and understandable language.
Next, you have to sign the affidavit.
The affidavit with all require information and documents will submit to the concerned trademark office.
Conclusion
User Affidavit For Trademark is an important legal document in the Trademark registration process which proves the prior use of the trademark. By providing it in the process of trademark registration you can get many benefits and legal rights.
But always make sure that the information in the user data provided by you is perfect otherwise it may lead to cancellation of the trademark.
