---
title: "Apply to remove a registered trade mark for non-use"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/apply-to-remove-a-registered-trade-mark-for-non-use"
type: "task"
site: "AI Law Framework"
id: "A23-Y20261018-1"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Apply to remove a registered trade mark for non-use

> 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…

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/apply-to-remove-a-registered-trade-mark-for-non-use  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the instructions, the jurisdiction and the complete relevant material before starting.
2. Calculate the 3-year period ending one month before the filing date and confirm the mark was registered throughout it.
3. Check every item of evidence for its date and that it relates to Australia.
4. Confirm the goods and services targeted match the evidence of non-use.
5. Check the output against the source documents named in it before it is relied on.

## Notes

- 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.

## Sources

- [IP Australia Trade Marks Manual: Grounds on which a non-use application may be made](https://manuals.ipaustralia.gov.au/trademark/5.-grounds-on-which-a-non-use-application-may-be-made) (checked 2026-10-18)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Trade mark non-use evidence schedule](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/non-use-evidence-schedule.md) | Form | Yellow | Working schedule of the section 92 grounds, the relevant period, and the documents said to show use or non-use. It is not the removal application and it is not a declaration. |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/apply-to-remove-a-registered-trade-mark-for-non-use/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*