Trade mark evidence preparation
Detail-oriented and dedicated trade mark attorneys, offering unmatched service in trade mark evidence preparation for registration, opposition or defence.
In trade mark matters, what you can prove counts for more than what you know. Evidence is filed as a formal declaration with supporting exhibits, and evidence that is not in the right form may not be considered at all.
Evidence is most often needed to answer an examination report, to run or defend an opposition, or to keep a registration that faces a non-use challenge. A trade marks attorney works out what needs proving, gathers the right material and presents it in a form the decision-maker can rely on.
What is trade mark evidence?
Trade mark evidence is any information that can be provided to show how a trade mark has been used or promoted, by whom and for how long.
Trade mark evidence is prepared in the form of a declaration, this document must follow strict guidelines in order to be compliant. Additionally, exhibits supporting the declaration must be provided in an electronic format.
This may include photographs of the trade mark in use, imagery of product packaging, customer invoices, advertising material or similar.
Why would I need to prepare trade mark evidence?
Trade mark evidence preparation is most often required as a result of receiving an examination report or notice of opposition.
In the first instance, if IP Australia, during the assessment of your trade mark application, raises concerns relating to similarity to an existing trade mark, you may seek to prove who used it first or show you have other circumstances that allow your trade mark to be registered.
In cases of trade mark opposition where a third party seeks to stop your trade mark being registered, evidence refuting their evidence and reasons are necessary to overcome this.
Evidence of the use of a trade mark can also play a role in defending against infringement, particularly if you have yet to register your trade mark and need to prove ownership.
Can I successfully prepare trade mark evidence on my own?
While it is possible to prepare evidence for your trade mark independently, this is not the ideal approach. Should your declaration not meet all guidelines, it will be non-compliant and therefore rejected by IP Australia.
When inexperienced in this area, it is easy to make errors due to the large number of requirements. There are over 62 sections with their own subsections to work through in the procedural guidelines.
If you leave out a required detail, do not express yourself in the correct tense, improperly format the document or attach the exhibits incorrectly, you’re going to find yourself in trouble. Also, strict deadlines apply meaning that you could easily miss an action that would detrimentally impact your position.
The hearing officer cannot consider incorrectly filed evidence and this could mean having to prepare your evidence all over again or seeing your evidence rejected and your trade mark request denied.
How a trade mark attorney can help
Engaging a trade mark attorney to manage trade mark evidence preparation ensures you are best positioned to defend your chosen trade mark in any given circumstance or take action against a trade mark you believe will negatively impact you.
Deeply familiar with this process, attorneys in this area methodically prepare your evidence in line with all guidelines for guaranteed acceptance and optimal outcomes.
This removes the stress and confusion around how to prepare a legal declaration as well as any confusion around what exhibits will be accepted as evidentiary support.
With a trade mark attorney on board, you are best positioned to protect your trade mark rights, respond to examination reports and expertly deal with oppositions.
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Our process
We guide you through every stage of the trade mark process, from initial assessment to granted protection.
01
Submit an enquiry & book a free consultation
Begin by submitting an enquiry and scheduling a free, no-obligation consultation. This can be conducted in-person, online, or over the phone, whichever suits you best.
02
Receive tailored IP protection recommendations & quote
Following your consultation, IP Guardian will assess your situation and prepare clear, customised recommendations outlining the most suitable IP protection pathways for your idea, brand, or invention. You will receive a detailed quote and guidance on next steps.
03
Engage IP Guardian & secure your IP
Once you are ready to proceed, simply engage IP Guardian by completing our client onboarding. Our team will then prepare and file all necessary applications on your behalf. From this point forward, your intellectual property is on the pathway to full legal protection.
Meet our skilled trade mark attorneys
With a team of experts available offering decades of combined experience, IP Guardian easily manages every aspect of trade mark law, including evidence preparation.
Passionate about supporting our clients to register and protect their IP, we offer unmatched service and advice backed by a proven history of success.
No matter the reason you require trade mark evidence preparation, we have the skill and knowledge needed to quickly, accurately and efficiently gather what is needed.
Whether we were involved in your initial trade mark filing or not, we are willing to step in at any stage and bring about the best result.
Our dedicated, professional approach is offered alongside affordable and easily accessible service. This ensures you can access the help you need when you need it most without compromising on desired outcomes.
Barry Meskin
Ali Al-anbuky
Matthew Howe
Mike Biagio
Simon Murphy
Sandra Murphy
Tom Hamilton-Gilligan
Dr Seán Klinkradt
Robin Richardson
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We’re proud to work alongside clients who trust us not just with their IP, but with their vision. Here are a few examples of how our IP attorneys have helped brands, inventors, and entrepreneurs secure and enforce their intellectual property rights.
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