NSW What period of time of the trade mark continuous prior use must be demonstrated

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Vadim

Well-Known Member
10 July 2018
32
1
124
G'day,

What period of time of the trade mark continuous prior use must be demonstrated to overcome conflict with earlier registered conflicting trade mark:
1. Period of time of continuous use before FIRST USE of the conflicting registered trade mark
OR
2. Period of time of continuous use before PRIORITY DATE of the conflicting registered trade mark

Thank you in advance
Vadim
 

Kim Walters

Well-Known Member
LawConnect (LawTap) Verified
18 July 2016
46
15
189
Australia
lawtap.com
Hi Vadim

The use must have commenced in Australia before the PRIORITY DATE of the cited (earlier) application or registration and be continuous at least up until the priority date of the applicant's application.
 
  • Like
Reactions: Tim W

Vadim

Well-Known Member
10 July 2018
32
1
124
Hi Vadim

The use must have commenced in Australia before the PRIORITY DATE of the cited (earlier) application or registration and be continuous at least up until the priority date of the applicant's application.

Thank you very much, Kim, for your answer. Your opinion and advice is very helpful.
Thank you
Vadim
 

Vadim

Well-Known Member
10 July 2018
32
1
124
Hi Vadim

The use must have commenced in Australia before the PRIORITY DATE of the cited (earlier) application or registration and be continuous at least up until the priority date of the applicant's application.

G'day, Kim,

If prior continuous use of the opposed trade mark is demonstrated for the period of 2 years, 9 months, 9 days before the PRIORITY DATE of the opponent's trade mark then is it efficient enough to overcome opposition under 44(4)?

Thank you,
Vadim