---
title: "Trade mark non-use evidence schedule"
url: "https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/non-use-evidence-schedule"
type: "precedent"
site: "AI Law Framework"
id: "a23-non-use-evidence-schedule"
area_id: "A23"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A23-Y20261018-1", "A23-A20260923-3"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/non-use-evidence-schedule  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs.md)
- Jurisdictions: Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Commonwealth.

## 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](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/apply-to-remove-a-registered-trade-mark-for-non-use.md)
- [Build a trade mark opposition or cancellation evidence schedule](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/build-a-trade-mark-opposition-or-cancellation-evidence-schedule.md)

## 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.

## Authorities

- [Trade Marks Act 1995 (Cth) s 92](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/tma1995121/s92.html)
- [Trade Marks Act 1995 (Cth) s 100](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/tma1995121/s100.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/non-use-evidence-schedule and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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