Sample User Affidavit · Brand names are fictional
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A User Affidavit is a sworn statement filed when a trademark has been in actual commercial use before the date of application. It supports the claim of prior use and lists the use evidence. This sample shows the complete document — all company and brand names are fictional and for illustrative purposes only.
NON JUDICIAL
₹100
Government of Karnataka
e-Stamp · Non-Judicial Stamp Paper
e-Stamp Serial: KA202627000009876543 Verification Code: 987654321V
GRN
KA9876543210202627E
Purpose
Affidavit
Amount
₹100 · Rupees One Hundred
Purchased on
03/07/2026 10:00:00
First Party Name
MANAGING DIRECTOR
First Party Address
ZESTORA FOODS PRIVATE LIMITED, INDIRANAGAR, BENGALURU
Second Party Name
THE REGISTRAR OF TRADE MARK
Second Party Address
CHENNAI
Trademark Application · Class 43
USER AFFIDAVIT
In support of the request made to apply for Trade Mark for the WORD "ZESTORA BITES" under Trademark Class 43
Deponent
I, A. KRISHNAMURTHY, Director of ZESTORA FOODS PRIVATE LIMITED, having its registered office at No. 12/45, Commercial Complex, Indiranagar, Bengaluru, Karnataka — 560038, India, do hereby solemnly affirm and declare as follows:
Who can depose: The affidavit is sworn by an authorised officer of the company — typically the Managing Director or Director. For an individual applicant, the applicant themselves deposes. The deponent must have personal knowledge of the facts stated and must be authorised to make the declaration on behalf of the company.
Clause 1 — Identity
1. That I am an Indian by nationality and residing at Flat No. A-204, Green Valley Apartments, 7th Cross, Indiranagar, Bengaluru — 560038.
Clause 2 — Company Details
2. That I am the Director of ZESTORA FOODS PRIVATE LIMITED, the Applicant herein, a Private Limited Company incorporated under the Companies Act, 2013, having its registered office at No. 12/45, Commercial Complex, Indiranagar, Bengaluru, Karnataka — 560038, India.
Clause 2 note: The company details in this clause must exactly match the applicant details in Form TM-A — same legal name, same registration act, same address. Any discrepancy between the affidavit and the TM-A form can cause difficulties during examination.
Clause 3 — Competency
3. That I state that I am familiar and well conversant with the facts and circumstances of the present matter and competent and authorized to swear this affidavit and make the necessary statement in respect thereof.
Clause 4 — Business Description
4. That our company is engaged in the business of "Restaurant services, Takeaway food services, Fast-food restaurant services, Providing food and drink, Cafe services" included in CLASS 43, which are provided under the said Trademark WORD "ZESTORA BITES".
Clause 4 note: The business description in this clause should mirror exactly the class description stated in Form TM-A. This consistency is important — any significant difference between what the affidavit says the mark is used for and what the TM-A specifies can invite an examiner's objection that the mark is not in use for the goods/services applied for.
Clause 5 — Use Since Date
5. A trademark application is hereby made for registration of the accompanying Trademark WORD "ZESTORA BITES" in class 43 and the said mark has been continuously used since 15/03/2024.
Use since date — critical field: The date stated here must be supported by the evidence you list in the table below. Do not state an earlier date than your earliest documentary evidence. If your first invoice is dated 15/03/2024, state that date — not an earlier date you may recall but cannot prove. Stating a false date in an affidavit is a serious legal matter.
The said business has taken the following Documents under the name "ZESTORA BITES":
S.No. Document Type Date
1 Retail Invoice Issued 15/03/2024
2 Retail Invoice Issued 01/08/2024
3 Retail Invoice Issued 12/01/2025
1
Retail Invoice Issued
15/03/2024
2
Retail Invoice Issued
01/08/2024
3
Retail Invoice Issued
12/01/2025
What counts as use evidence: Invoices are the most commonly used documents. Each invoice should bear the trademark name visibly — either as the business name on the letterhead, on labels/packaging, or in the body of the document. Other acceptable evidence includes menus, service bills, delivery receipts, printed advertisements, packaging samples, and screenshots of an active website or social media presence. The three documents listed are a minimum — more is better, especially spread across different dates to demonstrate continuous use.
I solemnly state that the contents of this affidavit are true to the best of my knowledge and belief and that it conceals nothing and that no part of it is false.
Place & Date
Place: BENGALURU
Date: 03/07/2026
Signature · For Zestora Foods Private Limited
A. Krishnamurthy
Director
Verification
I above named deponent do hereby verify that the statements made by me on behalf of the applicant under Para 1 to 5 are true and correct to the best of my knowledge and belief & nothing is false and nothing is concealed in it.
Place: BENGALURU
Date: 03/07/2026
Signature
Verification vs solemn statement: The affidavit has two sworn declarations — the solemn statement after the clauses, and the formal verification at the end. Both serve slightly different legal purposes. The solemn statement is the deponent's direct sworn declaration. The verification is the formal attestation before the Notary Public. Both must be signed by the same deponent. The Notary Public's seal and signature appear after the verification.
Executed before Notary Public
A. Radhakrishnan
Advocate & Notary
"Keerthi" MG Road, Bengaluru
Mob: 98xxxxxx12
Reg No: KAR/NOT/0123
Date of Expiry: 30.06.2031
Notary Register Particulars
Sl. No. 47 / 26
Page No. 23
Book No. 3
Notarization is mandatory: The User Affidavit must be sworn before a Notary Public — not just signed and uploaded as a plain document. The Notary's seal, signature, registration number, and book details must appear on the document. A notarized affidavit carries legal weight as a sworn statement; an unnotarized document will not be accepted by the Trade Marks Registry.

5 things to know about the User Affidavit

1
Only needed if the mark has been used before filing

If your trademark application is filed on a "proposed to be used" basis, you do not need a User Affidavit at the time of filing. It becomes relevant when you claim actual use — either at the time of application or later, when responding to an examination objection under Section 9 (lack of distinctiveness).

2
The use-since date must be supported by evidence

The date you state in Clause 5 must be verifiable from the documents you list in the evidence table. The Examiner may ask for copies of the listed documents. If the earliest document is dated three months after your stated use date, you will have a credibility problem in the examination.

3
Stamp paper value is ₹100 in most states

The User Affidavit is typically on ₹100 non-judicial stamp paper — lower than the ₹600 for the POA because an affidavit is a simpler sworn statement rather than a deed of authority. The stamp paper should be from the state where the affidavit is sworn (where the Notary Public is located).

4
More evidence documents are better

The affidavit table shows a minimum of three documents in the sample. In practice, listing five to ten documents spread across the claimed use period strengthens the application significantly — particularly if there is a similar conflicting mark and the Examiner is evaluating whether your prior use justifies coexistence.

5
The affidavit can also be filed after an objection

If the Examiner raises an objection under Section 9 (mark lacks distinctiveness) after you filed on "proposed to be used" basis, and you have since started using the mark, you can file a User Affidavit along with the examination reply to demonstrate acquired distinctiveness through use. This is a common and effective response strategy.

Common questions about the User Affidavit

A User Affidavit is a sworn statement filed with a trademark application when the mark has been in actual commercial use before the date of filing. It is sworn by the applicant or an authorised representative, declaring genuine use from a stated date, supported by evidence such as invoices, packaging, or advertisements.
A User Affidavit is required when the trademark application states that the mark has been used before filing. It is also useful as supporting evidence in response to an examination objection under Section 9 of the Trade Marks Act, 1999, where the Examiner questions the mark's distinctiveness. It can be filed with the initial application or later during the examination stage.
A User Affidavit is typically executed on ₹100 non-judicial stamp paper. The stamp paper should be from the state where the affidavit is sworn (where the Notary Public is located). The affidavit must be notarized — an unnotarized document will not be accepted by the Trade Marks Registry.
Evidence of actual commercial use of the trademark typically includes retail invoices or bills bearing the mark, packaging or labels, print or digital advertisements, menus or service materials (for service marks), and GST invoices. The affidavit lists documents in a table showing type and date. At least three to five documents spread across the claimed use period are recommended — more is better.
For a company applicant, the affidavit is deposed by an authorised officer — typically the Managing Director or Director. For an individual applicant, the applicant themselves deposes. The deponent must have personal knowledge of the facts stated and must be competent and authorised to make the declaration. The affidavit is sworn before a Notary Public.

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