Trademark User Affidavit in India: When You Need It and How to File It

A trademark user affidavit is a sworn statement that you have been using your brand since a particular date. You need one only when your application claims use before the day you file. If the brand has not launched and you mark the application "proposed to be used", there is no affidavit to file.

The requirement sits in Rule 25 of the Trade Marks Rules, 2017. Sub-rule (1) says the application must state the period of use and who used the mark, unless the mark is proposed to be used. Sub-rule (2) says that if you claim use earlier than the application date, you file an affidavit testifying to it, along with supporting documents. Under the older 2002 Rules the Registrar could ask for this. Now it is expected.

A small note on the name. In India, "statement of use" and "user affidavit" mean the same document. The US also has a "statement of use", but that is a different filing made at a different stage, so ignore any American article that walks you through it.

Claiming a user date or "proposed to be used": which one?

Form TM-A asks you to pick one of the two. Here is how they differ.

For goods, the first-use date is when the goods were first sold or transported under the mark. For services, it is when the services were first rendered. The day you designed the logo or bought the domain is not the date.

Why the date of first use matters

Indian trademark law gives real weight to who used a mark first, not only to who filed first. That is why the Registry wants proof before it lets you state a date. We have a separate note on the significance of the date of first use if you want the background.

It also matters if you have been selling for a while without registration. Your use counts for something, but an unregistered mark is harder to defend, as our piece on registered versus unregistered trademarks explains.

What goes inside the affidavit

The Rules do not prescribe a format, so drafts vary. A sound one covers these points:

• Who is making it: the applicant's name and address, and for a company, the signatory's name and designation

• The mark, its class and the goods or services

• The exact date of first use, with a line saying use has been continuous since then

• Where in India the mark is used

• A numbered list of exhibits

• Signature, date and the notary's seal

Print it on stamp paper (the value depends on your state) and get it notarised before you upload it.

Evidence to attach

The affidavit is only a claim. The exhibits carry the weight.

• Dated invoices or bills that show the brand name

• Photos of packaging, labels or the shop board

• Brochures, ads, and dated website or social media screenshots

• Registration certificates or similar papers carrying the brand name

The oldest exhibit should line up with the date you claim. If you say 2022 and your earliest invoice is from 2023, expect questions. Our list of documents required for trademark registration covers the rest of the paperwork.

How to file it, step by step

1. Fix the first-use date from your own records, not from memory.

2. Collect the exhibits and scan them.

3. Draft the affidavit. The applicant or an authorised signatory signs it, and a notary attests it.

4. Enter the same date in Form TM-A on the IP India e-filing portal and upload the affidavit with the exhibits.

5. Keep the notarised originals safe.

Can you file it later? Some sites say yes.

The Rule says the applicant "shall file" the affidavit with supporting documents and does not clearly give a window, so the safer route is to file it with the application. If it is missed, expect the Registry to raise it in the examination report.

Common mistakes

• The date on Form TM-A and the date in the affidavit do not match

• Exhibits show a different name or logo from the one you applied for

• An older date claimed just to look established. It is a sworn statement, and a false date can be used against you later

• Nobody was authorised to sign for the company

• Assuming a wrong date is easy to fix. Changing it later will need a separate request, and the old affidavit does not update on it's own

If the Registry objects

A missing or weak user-date claim is a common reason for an examination report. It is not a rejection. You get one month to reply online, and an affidavit backed by dated exhibits is usually the core of that reply. If you would rather not do it alone, our trademark objection reply service handles it.

Once the mark is accepted, it is published in the Trade Marks Journal and stays open to opposition for four months. If someone opposes, your exhibits are the first thing you will lean on.

What it costs

I found no separate Registry fee for the affidavit itself. The Registry charges per class, and for e-filing that is Rs 4,500 for individuals, startups and small enterprises, and Rs 9,000 for everyone else. Stamp paper and notary charges come on top. Our note on trademark registration fees has the full break-up, but check the IP India fee page on the day you file.

Vishvam PG wrote on Google in June 2026 that after filing a trademark with us, the team stayed connected and gave clear updates throughout.

Not sure whether to claim a date or file as proposed to be used? Talk to our team before you file. You can start from our trademark registration page.