Trade Mark Evidence
In Australia establishing honest concurrent use is a time consuming process. Generally advertising expenditure and sales data must be provided together with photographs of products and screenshots of websites. The advertising expenditure and sales data must span a number of years.
Establishing prior use is often much easier as it is only the mark, date and goods/services that are relevant.
When considering honest concurrent use, the Australian Trade Marks Office will give weight to a number of factors including:
Establishing prior use is often much easier as it is only the mark, date and goods/services that are relevant.
When considering honest concurrent use, the Australian Trade Marks Office will give weight to a number of factors including:
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For reasons of confidentiality, we cannot provide examples of the declarations that we have prepared for our clients. The US Trade Mark database does however make most trade mark filing information available online. The Australian Trade Mark database does not.
We have provided some examples from the US Trade Mark database below. In Australia the extent of use required is often much less than that required in the United States. This is due to the size of the market as well as several other considerations.
We have provided some examples from the US Trade Mark database below. In Australia the extent of use required is often much less than that required in the United States. This is due to the size of the market as well as several other considerations.
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