Evidentiary Challenges in Proving Trade Mark Use: When an Absence of Evidence can Amount to ‘Evidence of Absence’

Ryan Maguire, Barrister and registered Trade Marks Attorney, has written a helpful paper for practitioners who prepare evidence for trade mark opposition proceedings. 

Using the recent FCA judgment in Bauer Consumer Media Limited v Evergreen Television Pty Ltd as an example, Ryan addresses the evidentiary challenges that can arise in proving trade mark use and the particularly detrimental consequences of failing to adequately explain an absence of such evidence.

Click the link below to download the PDF paper:

https://www.greenslist.com.au/assets/papers/20180627Maguire_Ryan_TM_evidence_paper.pdf

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