Applying for a trade mark is a great step in ensuring your brand is protected. However, in some circumstances you might need to provide evidence of use during your application. This might be for a number of reasons including problems with a trade mark under Section 41, meaning the applied-for trade mark is considered to lack capacity to distinguish.
In this webinar you will learn:
- When to provide evidence
- What the evidence needs to show
- What kind of evidence to provide
Laura and Steve both work as trade mark examiners at IP Australia. When you submit a trade mark application to IP Australia, trade mark examiners are the people who look at your application and consider whether it meets the requirements for registration under the Trade Marks Act. They are also responsible for looking at any evidence you might submit in support of your application, which is what they’ll be talking about in this webinar.
Please note this webinar is not an introductory session and assumes you have already viewed the Understanding Trade Marks webinar.
- Does a declaration need to be witnessed?
The declaration that accompanies your evidence does not need to be witnessed. (We apologise for an error in our webinar slides that suggests otherwise).
- My trade mark application is for multiple classes, do I need to providence evidence for each?
Yes, you will need to provide evidence about each of the individual goods and/or services that you have claimed.
- My evidence is confidential, will this be available to the public?
Please see https://www.ipaustralia.gov.au/trade-marks/understanding-trade-marks/trade-marks-examination-process/publication-your-details. For further information, please refer to Part 61 of the Trade Mark Examiner’s Manual.