What is the process for submitting evidence under Rule 46 of the Trademark Rules, 2017?

Under Rule 46 of the Trademark Rules, 2017 in India, an applicant must provide evidence to support their claim of the use of the trademark. This evidence can include documents such as invoices, bills of sale, advertising materials, and website printouts showing the trademark in use. Additionally, photographs of the trademark on goods, packaging, or labels, as well as sales receipts or contracts, can serve as proof of use. Other supporting documents may include branding or promotional materials and an affidavit from the applicant attesting to the trademark’s use in commerce. These documents must be submitted alongside the application or upon request by the Registrar to establish the claim of use. Without sufficient evidence, the application may be treated as an intent-to-use application rather than one based on actual use.
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