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To prevent the release of confidential information you should thoroughly separate the information you want to keep confidential.  Marking documents as 'confidential is not sufficient. The documents relating to your trade mark that are most likely to contain confidential or commercially sensitive information is your response(s) to an examination report.

What is confidential and what isn't?

Evidence of use of your trade mark is often confidential because it can include sales figures, costs and business information. This information is used to overcome an objection to your trade mark. Documents that solely contain evidence of use submissions will not be made available for public inspection.

Many submissions to overcome objections mix confidential information with non-confidential information. You should ensure that confidential information is provided as an attachment to your submission.

How to prepare a confidential submission

You should send two documents at the same time:

  • your letter containing non-confidential information
  • your declaration containing your confidential information.

The declaration should include reference to your trade mark application number and the name of the applicant. Your covering letter can include your submissions and arguments in support. Detail in this covering letter will be available for public inspection.

Only confidential information contained in the declaration will be unavailable for public inspection.

(Note: The declaration will still be subject to the provisions of the Freedom of Information Act 1982. If a request is made under the FOI system, you will be contacted to discuss any release of your documents).

Last Updated: 28/11/2013

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