Build a usable record of prior trade mark use

This service is commonly used by businesses that need to show they were using a name, logo or brand before another party's claim became an issue. That can happen during a trade mark objection, an opposition, a dispute over ownership, or when you are trying to work out how strong your position really is before taking the next step. It is especially useful where brand use has developed over time across websites, social media, packaging, invoices and customer communications, and the evidence needs to be organised into a coherent timeline rather than left as a loose collection of files.

The main issue is often not the absence of material, but whether the material clearly proves use of the mark, the date of that use, and the connection to the goods or services in question. Businesses may have screenshots with no reliable date, invoices that use a trading name inconsistently, or marketing assets that changed over time. Gaps between early use and later commercial activity can also matter. We help assess which documents are likely to be persuasive and how they fit together, rather than simply collecting everything available.

No. A template declaration or a short review may help in a simple matter, but prior use issues often turn on chronology, consistency and the quality of the supporting records. This service is broader than a quick check because we look at the evidence set as a whole, identify weaknesses, and prepare a more structured report that can support a filing or dispute strategy. If you only need a narrow review of one document, we can discuss whether a smaller scope is more suitable, but this page is aimed at fuller evidence support.

Timing depends largely on the volume and condition of your records. If your documents are already organised and the use history is straightforward, the work can move more quickly. If materials are spread across old folders, marketing systems and accounting records, extra time may be needed to sort out dates and relevance. Once we review what you have, we can give you a clearer estimate. In many matters, the next practical step is for you to gather the missing items we identify before the report is finalised.

That depends on why you needed the report in the first place. You may use it to support a trade mark filing position, respond to concerns raised by another party, or decide whether it is worth progressing a dispute. In some matters, the report also helps clarify where the evidence is still thin and whether more records should be gathered before taking action. Ongoing representation, filing work in a separate matter, and broader dispute strategy are not automatically included, but we can discuss those services if needed.

Submit an enquiry on this page or click 'Get started'. One of our legal consultants will review it within 1 business day and get in touch to understand what you need.

Your consultant will then email you a fixed-fee quote setting out the cost, scope and timing. If you're happy with it, you can accept the quote and sign our engagement letter online.

Once you've accepted, one of our Australian-qualified lawyers will work with you to complete your project. They'll contact you by email or phone if they need anything.

Sprintlaw works on fixed-fee pricing wherever possible, so you can review the scope and cost before you decide whether to proceed. For the Evidence Of Prior Use service, pricing starts from $900.00.

After you enquire, a legal consultant will confirm what is included, the expected timing and whether any extra work is needed before you engage us.

We work online, so we can help wherever you are in New Zealand. Our team works remotely, mainly from Australia.

Your work is done by our Australian-qualified lawyers, who hold Australian practising certificates and specialise in business law. None of them are New Zealand lawyers or hold a New Zealand practising certificate.

Sprintlaw NZ Limited is a legal consultancy, not a law firm, and is not regulated by the New Zealand Law Society. We don't act in court or tribunal matters, conveyancing (including leases and business sales) or other reserved areas of work. Communications with Sprintlaw are unlikely to be protected by legal professional privilege. We still keep everything confidential under our engagement letter.