Are the Invoices Compulsory for Already in Use Trademark Application? 

Introduction

When it comes to trademark filing requirements in India, one common doubt is whether invoices are compulsory if a trademark is already in use. The Indian Trademark Rules, 2017, require applicants to submit an affidavit of use along with supporting documents. But do those documents necessarily have to be invoices? Let’s break this down.

Trademark Filing Requirements for “Already in Use” Marks  

Under Rule 25 of the Trade Marks Rules, 2017, an applicant who claims that a trademark is already in use must submit:

• Affidavit of Use: A notarized statement affirming the date of first use.

• Supporting Documents: Any documentary evidence that supports the claim of use.

The Rules do not explicitly state that invoices are compulsory. Instead, they use the broad term “supporting documents”, which gives flexibility to applicants.

What Documents Are Accepted as Proof of Use?  

While invoices are a strong form of evidence, other documents are equally acceptable to meet trademark filing requirements. Some examples include:

• Sales Records: Invoices, bills, receipts, or purchase orders that show commercial activity.

• Marketing Proof: Brochures, flyers, product labels, or packaging materials.

• Online Presence: Website screenshots, domain registrations, or social media campaigns.

• Business Records: Agreements, contracts, or correspondence proving commercial dealings.

• Media Coverage: Press releases or newspaper mentions that show brand recognition.

Are Invoices Compulsory?  

• Not Mandatory by Law: The Trademark Rules, 2017 do not compel applicants to submit invoices.

• Practical Importance: Invoices are often the most direct and reliable evidence of use, making them highly persuasive.

• Alternative Evidence: Applicants can rely on ads, contracts, or other business documents if invoices are unavailable.

• Weak Applications: An affidavit filed without strong evidence (including invoices or equivalent documents) may invite objections or opposition challenges.

Why Invoices Are Still Valuable  

Even though not compulsory, invoices hold special value because:

• They directly link the trademark to business activity.

• They establish continuous use over time.

• They are harder to dispute compared to promotional materials alone.

For this reason, most legal experts advise attaching invoices wherever possible to avoid unnecessary delays or disputes.

Conclusion  

Invoices are not compulsory under Indian trademark filing requirements for already in-use applications. However, an affidavit of use must be backed by credible documents, and invoices remain one of the strongest forms of evidence. Applicants who cannot provide invoices should ensure that alternative proofs, such as marketing materials, contracts, or online records, are attached to strengthen the claim of prior use.

Suggested Read :

How to File a Trademark Application in India?

Common Mistakes to Avoid in a Trademark Application

How to Reply to a Trademark Objection Effectively?

Guide to Trademark Registration in India

Importance of Trademark Search Before Filing an Application?

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