Evidence of use help for businesses needing a clear trade mark record

This service is commonly used by businesses that need to show a trade mark has been used in real trade, not just registered or mentioned internally. That can matter when a mark is challenged, when non-use becomes an issue, or when you need to support a position with dated commercial records. It is often useful for ecommerce brands, agencies, product businesses, software companies and founders who have traded under a mark for some time but have not kept their evidence in one organised set. The value usually comes from pulling scattered records into a clearer story.

A weak evidence set often has plenty of material but little structure. Common issues include undated screenshots, branding that changed over time, records that show the business name but not the trade mark, or documents that do not connect clearly to the relevant goods or services. Internal files can also be less persuasive than customer-facing material. Another problem is relying on volume alone without explaining why each document matters. A stronger approach usually links each item to a date, a product or service, and a real trading activity in Australia.

The service usually includes a lawyer consultation, review of the materials you already have, guidance on what additional records may be worth locating, and preparation of an evidence statement based on your instructions and supporting documents. It is broader than a document-only task because we also help shape the evidence set as a whole, rather than simply editing one statement in isolation. The standard fee does not include hearings, running a full dispute, tax advice or ongoing representation after the evidence work is completed.

The most useful documents are usually dated records that show the trade mark as customers actually encountered it. That can include invoices, sales records, website pages, online listings, product packaging, labels, brochures, catalogues, social media posts and advertising material. The strongest items often show both the mark itself and the commercial context, such as what was sold, when it was offered and which entity used the mark. If the material is repetitive, unclear or disconnected from the relevant period, it may add less value than a smaller but better organised set.

Often, no. A template may give you a structure, but evidence of use usually turns on the factual detail behind the statement. If the dates are patchy, the branding changed, or the documents do not line up neatly with the goods or services in question, a generic form will not fix that. A more tailored statement can explain the trading history, identify who used the mark, and show why each category of evidence matters. That context is often what makes the material easier to follow and more persuasive overall.

As an online law firm, we eliminate the headaches of paying us by the hour and finding time to meet with a lawyer in person. We charge a fixed fee, with upfront quotes and transparent pricing, and communicate via phone, email and video chat - whichever suits you! You'll be guided through our process by our expert lawyers, who are Australian-qualified and specialise in technology, intellectual property, contract drafting, corporate and commercial law.

At Sprintlaw, our pricing is transparent and designed for startups and small businesses. Many one-off legal services, including document drafting and reviews, are provided for a fixed fee with an upfront quote before you proceed.

Prices typically range from $250 to $2,500 AUD depending on the complexity and scope of the work. For ongoing support, Sprintlaw Memberships include options such as legal templates, consultations, a legal helpline and credits for services.

If your project is larger or more complex, we will provide a tailored quote after understanding what you need.

Our law firm operates completely online, which means we can help you wherever you are in Australia. We work at The Commons Central - a cool co-working space in Chippendale, Sydney - but our lawyers often work flexibly across various locations.

Our lawyers also work from co-working spaces and home offices in Sydney, Melbourne, Brisbane, Adelaide and Perth, so clients can get help online without needing to meet in person.