Rule 25 Trademark Prior-Use Affidavit Draft

Evidence and use affidavits

Support a genuine claim that the trademark was used before the application date.

Legal references checked: 8 October 2026

How to support a claimed first-use date

Where use before the application date is claimed, Rule 25(2) requires an affidavit testifying to that use with supporting documents. Adoption of a name and actual commercial use are different events. The affidavit should connect the claimed date, applicant, exact mark and relevant goods or services to reliable records. Do not backdate use or use an undated image as proof of an earlier transaction. A proposed-use application should not claim invented historic use.

Filing period and procedure

Rule 25(2) requires an affidavit testifying to pre-application use, with supporting documents, where such use is claimed. Check that the filed claim, affidavit and actual records agree.

Before you prepare the draft

Facts to confirm

Applicant legal identity and ownership basis
Application details, filing date and claimed first-use date
Deponent capacity and access to records
Exact mark/goods/services, territory and continuity of actual use

Evidence to keep ready

Earliest reliable mark-bearing invoice, label, advertisement or other record
Further dated evidence linking applicant, mark and goods/services
Authority or predecessor/assignment records if relevant
Table/index identifying dates and what each document proves

Editable draft framework

Replace every [placeholder] and delete optional paragraphs that your facts do not support. You can edit the text below before copying it, or select it and use Ctrl+C or Command+C.

Draft text

Before the Registrar of Trade Marks
Application [number, if allotted], Class [class], mark [mark]
Applicant: [legal name and address]
Affidavit of use under Rule 25(2)

I, [full name], aged [age], of [address], [capacity], solemnly affirm:

1. I am [proprietor/partner/director/authorised representative] of the applicant. My authority is [details]. I know the use described below from [personal involvement and identified business records]. Where a statement rests on records, the source is stated.

2. The applicant owns the mark [exact mark as applied for] by [actual adoption/valid succession or assignment facts]. The mark was adopted on [supported date, if known]. Adoption and commercial use are stated separately. The applicant claims use from [claimed date] for [exact goods/services covered by the claim].

3. The first use relied upon is [specific transaction or public commercial activity] on [date] at [place/territory]. Exhibit [reference] is [document and source] showing the mark at [location] in connection with [goods/services] and the applicant. If use was through [predecessor/permitted arrangement], the relationship and supporting records are [facts].

4. Further use is shown by Exhibits [references], covering [dates]. These include [actual invoices, labels, catalogues, advertisements or website records]. A document does not bear the mark where [identify any relevant limitation]. Such a document is linked to mark-bearing records by [actual explanation]. Any gaps or limited territorial use are described accurately as [facts].

5. [OPTIONAL—omit unless supported:] Sales under the mark during [period] were [figures], supported by [records and calculation basis]. Advertising expenditure was [figures and basis]. No unverified figure or undated promotional image is relied upon as proof of the claimed first-use date.

6. The exhibits are [originals/true copies from identified sources]. They are provided to support the stated use claim; documents dated after filing are identified by their actual dates.

Verification: Paragraphs [numbers] are true to my knowledge; paragraphs [numbers] are based on [identified records/information] believed true. Verified at [place] on [date].
[Deponent’s signature; lawful oath/attestation details]
Filed by: [name and address of filer]
Filed on behalf of: [applicant/opponent legal name]

Check before filing

There is no universal ₹100 stamp-paper requirement stated in Rule 25. Follow applicable execution/oath requirements. Do not backdate use; material discrepancies need review and an appropriate lawful correction, not invented supporting records.

This is an original drafting framework, not an official statutory form or an assurance of acceptance. Match the notice, application, evidence and service dates; use the prescribed form and complete the applicable filing, service and execution requirements.

Relevant law and official sources

Trade Marks Rules, 2017: Rule 25(2); Rule 120 on affidavits as applicable
Trade Marks Act, 1999: Section 18; Section 9 proviso only if acquired distinctiveness is separately relied upon

Trade Marks Act, 1999 — India Code
Trade Marks Rules, 2017 — IP India

Rule 25(2): affidavit supporting a prior-use claim