Evidence in oppositions and PBR objections

You can provide evidence to help prove many things, including:

• You're the rightful owner of the trade mark
• You've been using the trade mark from a specific date
• You've been using the trade mark over a continuous period
• How you came up with the trade mark
• That it's unreasonable for the registrar to allow an action, including extensions of time or the removal of a trade mark.

Please note that if you're opposing an application to remove a trade mark for non-use, you'll need to file evidence in support. Otherwise, the trade mark will be removed from the register.

What evidence to submit

You can include any kind of evidence to support your objection, as long as you supply it in the correct format.

How to submit evidence

You'll need to:

• Provide evidence in the form of a declaration
• Clearly identify and refer to supporting documents in the declaration
• Submit your form and documents to the file sharing platform specifically set up for you, as outlined in your notice
• Submit your declaration and supporting documents via Objective Connect — an electronic data management tool which allows evidence to be securely shared between parties in an opposition proceeding. You'll be provided with instructions on how to log in to Objective Connect once the opposition has started.

Timeframes

You can provide evidence to help prove:

• The patent is lacking newness, inventiveness or an innovative step.
• The specification doesn't provide enough information to build or perform the invention.
• That there's new relevant information that wasn't available when the patent was first examined.

Evidence is optional in most cases, but it may be difficult to support your case without any.

What evidence to submit

You can include any kind of evidence to support your objection, as long as you supply it in the correct format.

How to submit evidence

You'll need to:

• Provide evidence in the form of a declaration
• Clearly identify and refer to supporting documents in the declaration
• Submit your form and documents via Objective Connect — an electronic data management tool that allows evidence to be securely shared between parties in an opposition proceeding. You'll be provided with instructions on how to log in to Objective Connect once the opposition has started.

To help you get a clear idea of what a correctly formatted declaration looks like, we've provided an example below.

Innovation patents

If you want to oppose an innovation patent, you'll need to supply your evidence at the same time that you file your:

• Notice of intention to oppose
• Statement of grounds and particulars. 

Timeframes

You can object to the granting of a PBR if:

1. You believe your commercial interests would be affected by the granting of that PBR, and
2. The application can't meet the requirements under the Plant Breeder's Rights Act 1994.

What evidence to submit

You can submit any evidence to support your objection. Depending on the nature of your objection, this could just be a simple statement or may require additional documents including one or more of the following:

• Receipts or invoices documenting dates of sale
• Legal documents including:
  • Wills
  • Deeds of assignment documenting ownership of rights
  • Employment contracts
• Any other evidence that you think is relevant
• If your objection relates to distinctness, we may require you to submit your own plant material for a growing trial.

If you need help, you may wish to seek professional advice or contact us for guidance.

How to submit evidence

You'll need to submit your evidence along with your objection via online services or email.

Submit via online services  Submit via email

Timeframes

Once all stages of evidence are complete, the registrar will decide what further evidence (if any) is required to assess the objection. This may include a variety of actions; for example, a new growing trial.