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

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.

Authorities

Read the full text

More in Intellectual Property — Patents, Trade Marks, Copyright, Designs

All precedents for Intellectual Property — Patents, Trade Marks, Copyright, Designs · Tasks and AI use in this area