Evidence of use of a trade mark

We need evidence of use to overcome objections raised under Section 3(1) of the Trade Marks Act 1994 (distinctiveness). We may have thought your mark is not distinctive because, for example, it is:

• descriptive of the goods or services
• the name of a place which is usually thought to indicate the geographical area in which particular goods or services are offered.

It is impossible for us to say how much evidence you need to provide to overcome these types of objections. As a rule the more descriptive a mark is, the more evidence, in terms of length of use or amount of turnover, is required to show that it is distinctive for the goods or services in question.

Although evidence is often used to overcome objections, it will not help at all if the mark you wish to register is a word or term which has become customary in your line of trade.

How to provide evidence of use of a trade mark

These notes should help you to prepare and present evidence of use of your trade mark. You may provide evidence as a way of overcoming some of the objections raised in your Examination Report.