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WHAT IS AN AFFIDAVIT OF USER IN A TRADE MARK APPLICATION AND ITS IMPORTANCE?

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  2. WHAT IS AN AFFIDAVIT OF USER IN A TRADE MARK APPLICATION AND ITS IMPORTANCE?
  • India is a ‘first to use’ jurisdiction rather a ‘first to file’ jurisdiction, which means that the prior user of a trade mark has a better proprietary right than a prior registrant.User date of a trade mark refers to the date from which a trade mark is put to commercial use in any form in the market. Mere advertisement and test marketing does not amount to use of trade mark in commerce. It is extremely essential to put in the user date of a trade mark while applying for registration before the Trade Marks Registry which has already been put to use. Such user date may need to be substantiated with relevant documents at the time of prosecution of the trade mark application. A trade mark may be applied as “proposed to used” mark where the mark has not been put to use.

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