Trademark and IP Affidavit Draft

What a good one includes

• Full identification of the affiant, including their corporate title, authority to speak on behalf of the trademark owner, and personal knowledge of the facts.
• A clear, chronological narrative detailing the date of first use of the trademark in commerce and the specific goods or services associated with it.
• Physical or digital evidence of the mark's active use in commerce, such as product packaging, marketing materials, or website screenshots, attached as labeled exhibits.
• A precise statement confirming the continuous and uninterrupted use of the trademark for the statutory period required to establish incontestability.
• An explicit declaration that the affidavit is made under penalty of perjury under the laws of the applicable jurisdiction.
• A designated notary block conforming to the specific statutory requirements of the state where the document will be signed.

Common mistakes to avoid

• Relying on broad, generalized assertions of trademark use rather than specifying exact dates, channels of trade, and concrete commercial transactions.
• Failing to attach clear, authentic specimens of the mark as exhibits, which can lead to immediate rejection by the USPTO or courts.
• Allowing an executive without direct personal knowledge of the trademark's history to sign the document, compromising its admissibility under cross-examination.
• Overlooking the strict deadline windows for filing maintenance affidavits, which can result in the automatic cancellation of your trademark registration.

Frequently asked questions