Understanding The User Date In Online Trademark Registration

Trademark registration is purposely for claiming a right over a particular logo/ word/ a blend or both before anyone else and benefiting from the exclusive rights there from. An individual who applies first for trademark registration gets priority over that name. So, the significance of user date is necessary in trademark registration for registered in addition to unregistered trademarks.

Understanding The User Date In Online Trademark Registration

Essentially, user date is nothing but the date since the said brand name has been in use for commercial purposes. A claimed user date can prove to be a benefit in numerous trademark cases.

Let us know in what way “user date” works:

When two trademark applications are applied for and compared, the one that claims a prior date/date of first use of trademark has a superior chance of getting the restricted right to use the mark. Thus, if you have been using the name before going in for registration you must claim the use of the said brand from that date. And if the brand name is not in use still, it has to be applied for under the group of proposed to be used.

Just stating any specific date is not adequate. One must be able to offer a valid proof for the same. Claiming prior use without proof is not allowed.

What evidences can support the prior use claim?

The documents that can offer evidence for the claimed use can be:

1. Radio advertisements
2. Advertisements such as brochures, flyers, leaflets that have been freely distributed
3. Invoices and bills of each year from when the mark is in use
4. Government Registration Certificates
5. Website pages that endorse the services
6. Television commercials

These documents should have the brand name and the date and proof that the brand name was used for a commercial reason.

Benefits of claiming user date

1. Makes the mark idiosyncratic

Constant use of a logo or brand name assists in making a secondary meaning. This assists the brand get a diverse appreciation in the market. For instance, usually registration of common names and surnames is not allowed, but if it is easily identified by the public and they distinguish it from other products in the market because of the diverse name or logo, the registration would be limited. A mark which otherwise may be denied may get registered owing to a claim of prior constant use.

2. Offers an exclusive right to use the trademark registration service

The Trademarks Act restricts the registered TM owner from interfering with the rights to utilize of a prior user. The prior user gets priority in registration. Also he/she can stop any third person from trademark registration or infringing the mark that is similar to such a prior company or person.

3. Dealing with objections and proceedings

The applicant who claims prior use typically has the upper hand in claiming right over the trade name. If an opposition or a third-party opposition is raised, prior use can assist the applicant recover his right. But, it is important that a legitimate user date is mentioned in the application, it cannot be claimed at a later stage.