{"id":7351,"date":"2021-10-11T14:09:14","date_gmt":"2021-10-11T04:09:14","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=7351"},"modified":"2021-10-14T16:55:13","modified_gmt":"2021-10-14T06:55:13","slug":"filing-statement-of-use-of-trade-mark","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/protection\/filing-statement-of-use-of-trade-mark\/","title":{"rendered":"3 Tips for Filing a Statement of Use of Trade Mark"},"content":{"rendered":"\n

A trade mark examiner from IP Australia may request that you file evidence of use under the\u00a0Trade Marks Act 1995<\/em>. The evidence can be related to \u2018future intended use\u2019 or \u2018current use\u2019 (depending on whether you have begun using the trade mark in commerce yet). The term \u2018evidence of usage\u2019 generally refers to information about your trade mark that is already being used in Australia and abroad. This article will explore some of the tips to think about before you file a statement of use for your trade mark with IP Australia.<\/p>\n\n\n\n

1. Know What Proof of Use Is<\/h2>\n\n\n\n

To prove \u2018evidence of usage\u2019, the facts must demonstrate that your trade mark has become or will become associated with your goods or services. For instance, in certain situations:<\/p>\n\n\n\n

  1. the evidence must demonstrate that your trade mark has the potential to be associated with your goods or services; and<\/li>
  2. this is demonstrated by clear, documented intentions to use<\/a> the trademark to market your goods or services.<\/li><\/ol>\n\n\n\n

    How Much Proof?<\/h3>\n\n\n\n

    The level of proof you will need\u00a0is\u00a0determined by the seriousness of the\u00a0examiner\u2019s objection\u00a0to the trade mark. If there is only a slight objection, then you will not have to supply a lot of evidence.\u00a0However, if they think there are many similar trade marks, you will need to show how your prior use allows you to use the trade mark.<\/p>\n\n\n\n

    How to Supply Proof<\/h3>\n\n\n\n

    Evidence must be provided in the form of a declaration and submitted electronically using the online services page. When submitting files via the online services website, please follow the requirements for file types and sizes. Additionally, note it is safe and convenient to use the online services website.<\/p>\n\n\n\n

    2. Know What Information to Supply<\/h2>\n\n\n\n

    Your declaration must include the following information:<\/p>\n\n\n\n

    1. the name of the person or company who is using or planning to use the trade mark (you or your firm);\u00a0<\/li>
    2. a person who\u00a0has been granted permission to use the trade mark; or<\/li>
    3. the person or business from which you obtained the trade mark.<\/li><\/ol>\n\n\n\n

      Proof of Actual Use<\/h3>\n\n\n\n

      Your declaration should contain the following as proof of actual use:<\/p>\n\n\n\n