Welcome to The Trademark Room, where brands come to life and clarity reigns. Whether you’re a business owner, a creative entrepreneur, or simply intrigued by how trademarks shape the identity and value of products and services, this series is crafted just for you. No dense legal texts or confusing technicalities just straightforward insights, real-world stories, and practical answers. From understanding key concepts like adoption and first use to debunking common myths, we’re here to brighten the fascinating world of trademarks, one article at a time.
Date of Adoption
The Date of Adoption is the moment when a proprietor conceives or decides to use a particular mark for a product or service. This does not require marketplace activity but simply reflects the intention or planning phase. Common ways to establish the date of adoption include:
- Internal memos to marketing teams referencing adoption of the mark
- Instructions to advertising agencies to prepare packaging artwork featuring the mark
- Emails from label designers presenting drafts with the trademark
- Communications from printers supplying labels, packaging, or promotional materials mentioning the mark
- Digital or physical advertisements announcing an intended launch containing the trademark
- Letters sent to dealers, distributors, or customers informing them of the forthcoming use of the mark
- Date of incorporation of company
- Date of Shop Act License of a firm
Some of these instances may be considered local acts of adoption, while others, such as online releases or social media posts, might be recognized as adoption on a global scale.
Date of First Use
The Date of First Use marks the point at which the trademark is first employed in actual commerce whether in India or internationally. This is typically evidenced by the earliest sales invoice issued for a product or service bearing the trademark, or inquiry emails mentioning the trademark received by the proprietor. In the international context, commercial use may include sales to entities outside the applicant’s home country, or relevant inquiries from overseas.
Unlike the date of adoption, which can be established through plans and preparations, the date of first use requires concrete commercial activity and documentary proof, such as sales invoices, advertisements, packaging, or product displays.
Legal Importance
In India, the “first to use” principle governs:
Legal rights are typically conferred upon the party who can demonstrate first commercial use of the mark, rather than the date of registration or adoption.
In trademark opposition, rectification, or infringement matters, proving the earliest date of actual use in commerce is usually decisive, even if another party registered the mark first.
The date of adoption may serve as background or supporting evidence, but true legal protection and brand goodwill depend on date of first use.
Practical Considerations
In practice, applicants may sometimes be unable or unwilling to extensively research and document the precise date of adoption. In such cases, reliance is placed upon the date of first commercial use most commonly the date stated on sales invoices or the earliest commercially relevant inquiry.
Which Date is More Important?
For trademark protection in India, the Date of First Use is paramount:
It demonstrates real market presence and accrual of goodwill.
It is the final determinant in case of conflicting claims or disputes.
Accurate, credible evidence sales invoices, advertisements, product packaging, customer inquiries must be retained to document this claim.
By understanding and evidencing both the Date of Adoption and the Date of First Use, trademark proprietors position themselves to maximize their rights and defend against infringement effectively in the marketplace.
At R.K. Dewan & Co., we understand that the strength of your brand depends on more than just a creative idea — it depends on how well your trademark is protected and enforced. As a trusted trademark law firm with decades of experience, we guide businesses from the moment of adoption through to the first use and beyond, ensuring every stage is documented and safeguarded. Our team doesn’t just handle filings; we help you build and defend the goodwill that gives your mark real market power. Whether you’re a startup, SME, or established enterprise, we provide strategic advice on branding, positioning, and legal protection so your identity remains secure and competitive in India and globally.