How to provide proof of use of an earlier trade mark in opposition proceedings.
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When an opposition is based upon an earlier trade mark which has been registered for five years or more at the date when the trade mark being opposed is published in the Trade Marks Journal (this period is known as the ‘relevant period’), the opponent is required to state, on the TM7 ‘Notice of opposition’, whether, and for which goods or services, the earlier registered trade mark has been used during that five year period.
The applicant may accept the opponent’s statement, or s/he may put the opponent to proof of use of the earlier trade mark.