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

Discussion in 'Intellectual Property Law Forum' started by Vadim, 18 August 2018.

  1. Vadim

    Vadim Well-Known Member

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    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
     
  2. Kim Walters

    Kim Walters Well-Known Member
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    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.
     
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  3. Vadim

    Vadim Well-Known Member

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

    Vadim Well-Known Member

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    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
     
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