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

Comments

Post a Comment

Popular posts from this blog

Farmer Producer Company Registration

Image
  Farmer Producer Company Registration Farmer Producer Company (FPC) or Farmer Producer Organization (FPO) is an organization that has been designed taking into consideration the requirements of farmers, agriculturists, fishermen, weavers, milk producers, and persons engaged in farming activities, collectively known as ‘Producers’. The main intention of the Farmer Producer Company is to ensure better income for the producers through an organization of their own as the small producers do not have the volume of inputs to get the benefit of agricultural produce on large scale. Additionally, in agricultural marketing, there is a long chain of intermediaries, through which the producers receive only a small part of the value that the ultimate consumer pays. On the other hand, in the Farmer Producer Company, the producers have better bargaining power, bulk buyers of the produce, and bulk suppliers of inputs. Therefore, a Producer Company deals primarily with agriculture and post-harves
Read more

What Trademarks cannot be registered in India ?

Image
What Trademarks cannot be registered in India? Trademark registration paves the way for products and services to be uniquely identified. It differentiates between products and services. Trademark registration is a crucial step in establishing a unique identity for products and services. It serves as a differentiator in the marketplace and provides the trademark owner with exclusive rights to their trademark while safeguarding against infringement. This protection is essential for building goodwill, customer loyalty, and valuable assets. To ensure effective brand naming, it's important to have a clear understanding of what can and cannot be trademarked. In this article, we'll explore the limitations of trademark registration in India and provide guidance on choosing a brand name. Absolute Grounds for Refusal of Registration Void of distinguishing characteristics In Indian trademark law, the requirement of distinctiveness is strictly interpreted. A trademark that lacks
Read more

Alteration of Memorandum of Association

Image
Alteration of Memorandum of Association The Memorandum of Association (MOA) is a legal document that sets out the constitution of a company and defines the company's objectives, powers, and scope of operations. The MOA is one of the documents required to be filed with the registrar of companies during the incorporation process. The MOA is a vital document that outlines the purpose of the company, its goals, and how it intends to operate. Types of MOA as per companies act 2013 As notified under Schedule I of the companies act 2013 following are the types of MOA that different types of companies can adopt: Table A: Company limited by shares Table B: Company limited by guarantee and having a share capital Table C: Company limited by guarantee and not having a share capital Table D: Unlimited company having a share capital Table E: Unlimited company not having a share capital The MOA mainly consists of the following clauses: Name clause–   The name clause generally co
Read more