Apply to remove a registered trade mark for non-use
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the register extract, the owner's website and marketplace listings, and the client's searches, build a dated table of any evidence of use or non-use of the mark for each class and good or service in the 3-year period ending one month before the intended filing date, and draft the non-use application.
- What the lawyer must review
- Decide the ground and the goods and services to target, confirm the relevant period from the filing date, weigh the evidence of use the owner may produce, and settle the application and the strategy if the owner opposes.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the register extract, the owner's website and marketplace listings, and the client's searches, build a dated table of any evidence of use or non-use of the mark for each class and good or service in the 3-year period ending one month before the intended filing date, and draft the non-use application. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the instructions, the jurisdiction and the complete relevant material before starting.
- Calculate the 3-year period ending one month before the filing date and confirm the mark was registered throughout it.
- Check every item of evidence for its date and that it relates to Australia.
- Confirm the goods and services targeted match the evidence of non-use.
- Check the output against the source documents named in it before it is relied on.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Trade mark non-use evidence schedule | Form | AI use Yellow | Working schedule of the section 92 grounds, the relevant period, and the documents said to show use or non-use. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.