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Is it mandatory to file a statement of use or affidavit of use at the time of filing a trademark application in India?

Yes, if use of a mark is to be claimed, a statement of use in the form of an affidavit is required to be filed at the time of e-filing a trademark in India along with documentary evidence in support of such use.

As per the Rule 25 of the Trade Marks Rules 2017 in case, the use of the trademark is claimed prior to the date of application, the applicant shall file an affidavit testifying to such use along with supporting documents.

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