Trademark registration is an important aspect of protecting a brand and its associated goods or services. In India, trademark registration is governed by the Trade Marks Act, 1999, which sets out the requirements for registration, including evidence of use.
Evidence of use of a trademark is required when registering a trademark. To register a trademark, the applicant must provide evidence of use to establish that the mark has been used in commerce in connection with the goods or services for which it is being registered. This evidence is required to establish that the mark has been used in connection with the goods or services for which it is being registered.
What is Evidence of Use?
Evidence of use is any documentation that demonstrates that the trademark has been used in commerce in connection with the goods or services for which it is being registered. This evidence is important because it establishes that the trademark is not merely a theoretical concept, but has actual commercial value.
Under the Trade Marks Act, 1999, evidence of use can include any of the following:
- Sales figures: This is one of the most important pieces of evidence that can be submitted to demonstrate use of a trademark. Sales figures provide concrete evidence that the mark has been used in commerce and has generated revenue for the owner.
- Advertising materials: Advertising materials such as brochures, billboards, and posters can also be submitted as evidence of use. These materials demonstrate that the mark has been used in promotional activities to promote the goods or services associated with the mark.
- Invoices and receipts: Invoices and receipts can be submitted as evidence of use to demonstrate that the mark has been used in transactions related to the sale of goods or services.
- Website screenshots: In today’s digital age, a screenshot of a website that uses the trademark can also be submitted as evidence of use. This demonstrates that the mark has been used on a website, which is a crucial platform for many businesses.
- Product packaging and labeling: Product packaging and labeling can be submitted as evidence of use to demonstrate that the mark has been used on the packaging or labeling of the goods.
- Testimonials and reviews: Testimonials and reviews from customers can also be submitted as evidence of use to demonstrate that the mark has been used in connection with the goods or services and has generated a positive response from customers.
The above list is not exhaustive, and other types of evidence may also be submitted to demonstrate use of a trademark.
Why is Evidence of Use Important?
Evidence of use is important because it establishes that the trademark has actual commercial value and is not merely a theoretical concept. It also helps to establish that the trademark is distinctive and has acquired a reputation in the marketplace.
In India, trademarks that have acquired a reputation in the marketplace are given greater protection under the law. Therefore, evidence of use can be crucial in establishing that the mark has acquired a reputation and is deserving of greater protection.
How to Submit Evidence of Use?
To submit evidence of use, the applicant must file a trademark application with the Trademark Registry. The application must include a statement of use (Affidavit on a stamp paper), which provides details of the goods or services for which the mark has been used.
Along with the application, the applicant must also submit the relevant evidence of use in case of prior use of the trademark. The evidence should be in a format that is easily accessible and can be easily reviewed by the Trademark Registry.
The Trademark Registry may request additional evidence if it deems the evidence submitted to be insufficient. Therefore, it is important to ensure that the evidence submitted is comprehensive and provides a clear picture of the use of the mark in commerce.