Overcoming an adverse report with evidence of use
After filing your trade mark, you might receive an Adverse Report from IP Australia. This will set out any objections they have to your application (for example, Section 41 or Section 44). Evidence of use can overcome those objections, but you need to prepare a statutory declaration and exhibits of evidence. Here is what you need to include.
Trade marks likely to be refused by IP Australia
Not every trade mark is capable of being registered. A trade mark has to be somewhat distinctive. So what kind of trade marks are less likely to be accepted by IP Australia?