Trademark User Affidavit Draft

Introduction

A Trademark User Affidavit is a formal legal document used to affirm that a trademark is actively being used in commerce. It serves as evidence of the actual use of the trademark in connection with the goods or services for which it is registered.

Purpose

1. Affirmation of Use: The primary purpose of a Trademark User Affidavit is to provide sworn confirmation that the trademark is not merely registered but is actively being utilized in the marketplace.
2. Legal Compliance: For trademark holders, maintaining an active status for their trademark often requires periodic submission of evidence showing ongoing use. The affidavit serves as a legal tool to comply with such requirements and avoid potential cancellation or challenges to the trademark.
3. Evidence in Legal Proceedings: In cases of trademark disputes or enforcement actions, a Trademark User Affidavit can serve as critical evidence to support claims of usage and ownership. It can be used in court or before trademark offices to establish the continuous use of the trademark.

Instructions for Filling Out the Trademark User Affidavit Draft

Trademark Details

1. Enter Trademark Mark: Provide the specific name or logo of the trademark as registered.
2. Enter Trademark Class: Specify the class of goods or services under which the trademark is registered.

Authorised Signatory’s Details

1. Authorised Signatory’s Full Name: Enter the complete name of the person authorized to sign the affidavit.
2. Authorised Signatory’s Designation: State the job title or position of the authorized signatory within the organization.
3. Authorised Signatory’s Address: Provide the full residential or office address of the authorized signatory.

Applicant’s Details  

1. Applicant’s Office Address: Enter the official address of the applicant’s business or organization.
2. Applicant’s Name: Provide the full name of the individual or entity applying for the trademark.
3. Applicant’s Business (Goods and Services offered by the firm): Describe the types of goods or services that the applicant’s business provides.

Other Details:

1. Trademark Name: Repeat the trademark name as it appears in the registration.
2. Date of Use: Specify the date when the trademark was first used in commerce.
3. Place (Applicant’s place of signature): Indicate the location where the affidavit is signed.
4. Date (Applicant’s date of signature): Enter the date on which the affidavit is signed by the applicant.