Secure evidence of prior use for IP protection

If you receive an adverse report from IP Australia about your trade mark registration, one way to address the issue is by providing 'evidence of prior use'. This can help support your application to register your trade mark.

'Evidence of prior use' is a submission that shows your trade mark is already recognised by consumers as an indicator of your business. It usually includes information about how your proposed trade mark has already been used and promoted in your business, demonstrating to IP Australia that it is a key and recognisable part of your business.

This fixed-fee package starts at $900 + GST. As part of the package, our expert lawyers will prepare submissions to IP Australia to demonstrate evidence of prior use of your trade mark.

This process involves phone calls with our lawyers to obtain your detailed instructions and learn more about your specific situation. From there, our lawyers will collate the evidence of prior use, draft the relevant legal submissions, and prepare a Statutory Declaration of Evidence of Use.

We will then provide you with the final documents for your approval, and we can make complimentary amendments to the final draft we provide to you.

We handle everything by phone, email and video call, so you never need to visit an office. Once you request a quote, one of our legally trained consultants will get back to you within one business day with a fixed-fee proposal. If you accept, we will pair you with a specialist lawyer who will guide you through the process. All documents are delivered digitally, and you can communicate with your lawyer in the way that suits you best. It is the same quality legal advice you would get from a traditional firm, just without the commute, hourly billing surprises or the formality.

Our law firm operates completely online, so we can help you wherever you are in Australia. We work from The Commons Central, a co-working space in Chippendale, Sydney, but our lawyers also work flexibly from various locations.