Advanced trade marks: Section 41 evidence of use

When applying for a trade mark, you might need to provide evidence during your application. Learn what this means and what you need to know.  

What is section 41?

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 could 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'll learn:

  • When to provide evidence

  • What the evidence needs to show
  • What kind of evidence to provide.

Our presenters

Laura and Steve both work as trade mark examiners at IP Australia. When you submit a trade mark application to us, 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're 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.

Advanced trade marks: section 41 evidence of use

Want to learn more?

Got a burning question? Here's the answers to our most frequently asked questions.

Does a declaration need to be witnessed? 

No. The declaration that accompanies your evidence doesn't 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 provide evidence for each class?

Yes. You'll need to provide evidence about each of the individual goods and/or services that you've claimed.

My evidence is confidential. Will this be available to the public?

Check out Part 61 of the  trade mark examiner’s manual to review information the registrar of trade marks will accept in confidence.

Examiner's manual

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