Is it mandatory to submit “Statement of Use” at the time of filing of application?

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The trademark application can be filed either claiming usage from a date prior to the date of filing of application or on Proposed to be Used basis.

  • In case the Applicant wants to file an application claiming usage of the mark in India prior to the date of filing of application, then an affidavit, along with supporting documents testifying such use will also have to be filed. The affidavit needs to be signed by the authorized signatory and notarized by a Notary Public.
  • In case the Applicant wants to file an application on a Proposed to be Used basis, then an affidavit substantiating use, is not required.
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