Form · Intellectual Property — Patents, Trade Marks, Copyright, Designs
Trade mark non-use evidence schedule
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.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- Commonwealth
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when preparing or answering an application to remove a registered trade mark for non-use, before any application or opponent's evidence is filed.
Used for these tasks
- Apply to remove a registered trade mark for non-use
- Build a trade mark opposition or cancellation evidence schedule
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The tool lists dates, registration numbers and document titles from material the lawyer supplies, and the lawyer decides whether any ground is made out.
AI may
- Enter the trade mark number, filing date of the non-use application, and the goods or services in issue from an official extract the lawyer supplies.
- Calculate the candidate three-year period and the one-month buffer from the filing date the lawyer enters, and flag the arithmetic for checking.
- List document titles, dates and page references under the ground the lawyer nominates.
AI must not
- Do not draft the removal application, a declaration or a statutory declaration.
- Do not decide that a mark has, or has not, been used in good faith.
- Do not add a ground outside section 92(4).
The lawyer checks
- Confirm the application is in the form the regulations require. The regulations were not set out in this schedule.
- Confirm whether an action is pending in a prescribed court. If it is, section 92(3) says the application is made to the court, not the Registrar.
- If acting for the owner, read the whole of section 100. The burden of rebutting the allegations is on the opponent.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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All precedents for Intellectual Property — Patents, Trade Marks, Copyright, Designs · Tasks and AI use in this area