Trademark Evidence of Use

Have you received an objection from IP Australia to your trademark? Overcoming objections to your trademark registration in Australia may require providing evidence of use for your mark.

This evidence is crucial in demonstrating the validity and distinctiveness of your trademark. Here is some important information to help you understand the requirements for submitting trademark evidence of use in Australia.

Essential Requirements for Submitting Trademark Evidence of Use

When preparing your evidence, it is essential to include the following details:

Brief History

Provide a concise overview of your trademark, including the date it was first used in connection with the specific goods or services you seek to protect.

Geographical Usage

Specify the states, regions, and countries where your trademark is currently being used. This information helps establish the extent of your trademark’s presence.

Goods and Services

Clearly state the range of goods or services associated with your trademark. This description should accurately reflect the products you offer under the mark.

Usage Examples

Include tangible examples demonstrating how your trademark has been used to promote and sell your goods or services. These may include digital images of packaging, advertising materials, or promotional content.

Additionally, you can provide relevant information such as annual advertising and promotion expenses in AUD, as well as turnover figures for the goods or services associated with your mark.

Website References

If applicable, include references to websites where your trademark is prominently displayed and associated with your business activities.

If you have not yet started using your trademark but have concrete plans to do so, provide evidence of your intentions, such as business plans, pre-launch market research, or product launch strategies. Additionally, include any costs incurred in preparing to use your trademark, expressed in Australian dollars.

To submit your evidence, complete an approved declaration form provided by IP Australia, which can be downloaded from their website. Ensure that your declaration includes clear, digital images of products bearing your trademark.

To ensure your brand’s protection it is vital to meet these requirements meticulously and we know it can daunting at first glance. That’s where our experienced trade mark lawyers can help you and your business achieve the best outcome. Make an enquiry below to get in touch with our team.

Specific Requirements Depending on the Nature of the Objection

Evidence of Prior Use

If facing a Section 44(4) objection, you must demonstrate that you have used your trademark before the filing date of the cited trademark owner and that your usage has been continuous. Include relevant examples of your trademark use along with the declaration.

Honest Concurrent Use

If challenged under Section 44(3)(a), provide a declaration proving your honest use of the trademark in Australia prior to your application’s filing. Again, support your claim with relevant usage examples.

Capable of Distinguishing

To overcome objections under Section 41(3) or Section 41(4), your declaration must illustrate how your trademark has been used in a manner that distinguishes your goods or services from those of other traders. Show that your mark acts as a recognized source identifier and is well-known to consumers in association with your business.

Regarding confidentiality, it’s important to note that all letters submitted to IP Australia are open to public inspection. However, IP Australia typically seeks your approval before releasing your declaration if a public request is made under the Freedom of Information Act.

Expert Trademark Evidence of Use Assistance From Our Trademark Lawyers

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