Importance of claiming a user date in trademark registration application

Significance of claiming a user date in a trademark registration application

Trademark Registration in India follows the principle of prior use and first claim. This implies that the person who applies for a brand name first is granted priority for trademark registration. Including a user date in the Trademark Registration application is recommended to safeguard the trademark and prevent any potential infringement.

In situations where two identical trademark applications are submitted, the applicant who can prove an earlier date of use is likely to have a stronger case compared to someone who has either applied on a proposed-to-be-used basis or claimed usage on a later date. Therefore, the user date is a crucial factor in securing absolute rights in Trademark registration.


What is “User Date” in Registration of Trademark?

The term "User Date" refers to the date when a brand name's user started using the name, whether or not the name was registered.

  • For goods, the user date is the date when the brand name was first used to sell or transport products.
  • For services, the user date is the date when the brand name was first used to provide services.

Therefore, to establish priority in using identical or similar brand names, the applicant must provide the user date and evidence of use if it occurred before the application date.

Under the Indian Trade Marks Act, of 1999, the online trademark application can be made on any of the two bases:

  • Claiming User Date
  • As proposed to be used

What Proofs Can Support the Prior Use Claim?

If an applicant for trademark registration claims a specific date on which the applied trademark was first used, they must provide adequate documentation as evidence of its use along with the trademark application.

Any documents that demonstrate the use of the brand name in public, such as those containing the brand name and date, or any other commercial document, may serve as proof.

The following crucial documents must be submitted with the trademark application to establish the user date:

  • User Affidavit
  • Invoices and Bills

Read more to know about the Importance of claiming user data in a trademark registration application

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