Letters of consent

If we have identified an earlier filed trade mark which someone else has already registered or applied to register a mark which is:

• the same as or similar to yours in the way it looks or sounds; and
• for the same or similar goods or services,

we may be able to remove the requirement to notify the proprietor of the earlier trade mark by arranging a letter of consent from the owner of the earlier trade mark.

A letter of consent is simply the written agreement of the owner of the earlier mark to allow your mark to be registered.

The letter should at the least:

• be on the company headed paper of the owner of the earlier mark;
• state the application number of your mark for which consent is given;
• agree to the registration of your mark, not just its use;
• be signed by a responsible person in the company; and
• state that person's name and position in the company.

We will not accept the consent if the letter does not contain this information.

Important

Owners of earlier marks do not have to give you their consent. Contacting them may warn them of the existence of your application and give them the chance to oppose it at a later date.

If you are not sure what to do you may find it helpful to get professional advice from a qualified trade mark attorney.