![]() ![]() Notes for providing evidenceĪll of your evidence should have numbered pages. ![]() If the statement of truth and signature are on a different page from the rest of the statement, the whole statement (including the statement of truth) should have paragraph numbers. The statement must include the words ‘I believe that the facts stated in this witness statement are true’. Documentary evidence (such as contracts/agreements) can be attached as exhibits. ![]() If the relationship between the parties at the time of filing is important, you should explain it fully. After publication, if there were any relevant agreements between the parties, for example, you should provide evidence of these. If there has been an official objection at application stage on the grounds of bad faith, you should explain your legitimate interest in the mark. You should explain the facts which you consider support your case. If your evidence relates to any other matters (for example bad faith) In showing the distinctiveness of the mark, statements from chambers of commerce and industry or other trade and professional associations may be of assistance. Evidence of this can be included as exhibits and should be from the relevant period and relate to the relevant territory. Other types of promotion could include attendance at trade shows and exhibitions. You may wish to provide examples of press or online articles which show how widely your mark is known. Once again, you should provide information relating to the relevant period and territory. If you want to file evidence from brochures, you can just copy the cover and the relevant pages, rather than the whole document. It will help if you include samples of the advertisements as exhibits. State what sort of advertising you have used (for example: TV, radio, titles of newspapers or magazines, hoardings and so on). Give the annual amounts spent on advertising or promoting the mark in relation to the goods/services at issue. You may also wish to provide evidence of market share if available. If possible, explain where in the UK (or EU) your mark has been used. You should make sure that the figures relate to the relevant period and to the UK (or the EU, if it is an EU trade mark). Invoices and price lists may be provided as exhibits. If this is not possible and the registration covers numerous categories of goods/services, you should provide an approximate percentage breakdown of the sales relating to the various categories of goods/services. If you need to show use for different goods and/or services, you should provide separate figures for the different categories of goods and services, as far as possible. Give the amount of annual sales or turnover under the mark. If your evidence is about the use you have made of your trade mark/unregistered mark, you should provide evidence of, for example: Sales or turnover If possible, include separate header sheets for each exhibit. The exhibits need to be mentioned in the witness statement and should be clearly labelled. You should provide any documentary evidence to support your statement in the form of exhibits. Please provide any information about the use of the mark which you think can help your application. ![]() This is where you include the facts you wish the hearing officer to know about the use of the mark or, if applicable, about the relationship between the parties.
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