Overcoming an Earlier Cited Trade Mark in an Adverse Report
Have you received an adverse examination report from IP Australia citing an earlier trade mark as a barrier to acceptance? These cited marks are not necessarily the end of your trade mark application. In fact, often these cited marks can be overcome. Read more for the strategies available.
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.