How to provide evidence of use
Show us how your trade mark has been used and promoted in the market through evidence of use.
An examination report identifies issues with your trade mark application. The examiner’s findings are detailed in the report with options for overcoming them.
Your examiner may identify:
How you respond will depend on the issues highlighted in your report. There are several ways to respond:
You can make minor amendments to your application. These include:
You can’t do the following:
You can request deferment if conflicting trade marks have been raised against your application, and:
There's no fee to request a deferment. Successful deferment is subject to the registrar’s discretion.
You can request deferment once a first report has been issued, however, you must apply before your trade mark application lapses.
This depends if deferment was granted because:
Once your deferment period ends, you’ll receive a letter with your new acceptance date.
If you're running out of time and the acceptance due date is near, you can request more time to respond to the report.
If your trade mark application has already lapsed prior to acceptance, you'll need to request an extension. This extension must be approved before a deferment request can be processed.
Depending on the stage of your application, there are two types of extensions available:
1. Up to six months
Cost: $100 per month.
Key things to know
2. As many months as you need (Section 224)
Cost: $100 per month
Key things to know:
To address issues in your application, you can divide it into two:
This splits off the problematic parts of your application (e.g. disputed classes of goods or services) allowing them to be dealt with separately — meaning you can progress part of your application with the same filing date.
Key things to know
If you haven’t been able to address the issues in your application and still believe it should be accepted, you can appeal the decision. This will attract a fee.
You can submit oral or written evidence, or both, to our hearing officers.
The hearing officer will then decide the outcome.Request an appeal