Trademark reply drafts, opposition formats and affidavits
Choose the format that matches your notice and stage. Each guide explains the facts, evidence and filing period, then provides an editable framework. Use the actual application, service dates and documents; remove every unsupported optional claim.
These are original drafting frameworks. The prescribed Registry forms and case-specific filing, service and execution requirements still apply. Reviewed 8 October 2026.
Examination report replies
- Reply to Section 9(1)(a): lack of distinctive character
Editable Section 9(1)(a) trademark reply draft with distinctiveness guidance, evidence checklist, filing period and official legal sources.
Download text template - Reply to Section 9(1)(b): descriptive mark
Prepare a Section 9(1)(b) descriptive-mark reply with a simple editable framework, required evidence, filing guidance and official sources.
Download text template - Reply to Section 9(1)(c): customary expression
Use this Section 9(1)(c) trademark reply framework to address customary expressions, relevant trade material and supported prior-use evidence.
Download text template - Combined reply to Sections 9 and 11
Editable trademark reply for combined Sections 9 and 11 objections, with separate arguments, cited-mark checks, evidence and filing notes.
Download text template - Reply to Section 11(1) with a comparison table
Section 11(1) trademark reply draft with a cited-mark comparison table, goods and services analysis, evidence checklist and filing notes.
Download text template - Reply to Section 9(2): deceptive, religious, scandalous or prohibited marks
Editable Section 9(2) trademark reply for deceptive, religious, scandalous or prohibited-emblem objections, with evidence, amendment and filing notes.
Download text template - Reply to a Section 11 objection based on a well-known mark or other earlier rights
Reply draft for a Section 11 objection citing a well-known mark, passing-off or copyright rights, with element-by-element analysis and filing notes.
Download text template - Consent letter from the owner of a cited earlier mark
Section 11(4) consent letter draft from the owner of a cited earlier trademark, with scope, conditions, authority checks and filing guidance.
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Hearing submissions
- Written submissions for a trademark show-cause hearing
Simple trademark hearing submissions draft with an issue-by-issue structure, evidence page references, hearing guidance and official sources.
Download text template - Request to adjourn a trademark hearing
Editable request to adjourn a trademark hearing, with Rule 50 timing and limits, proof of cause, video-hearing option and examination-hearing cautions.
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Opposition and counterstatement
- TM-O opposition: supporting statement of grounds
Editable supporting grounds for a TM-O trademark opposition, with facts, evidence, Journal-date checks and official filing guidance.
Download text template - TM-O counterstatement: paragraph-wise reply
Paragraph-wise TM-O trademark counterstatement framework with admissions, disputes, evidence checks and the Registrar-service filing period.
Download text template - Request for leave to file further evidence in an opposition
Editable Rule 48 request for leave to file further evidence in a trademark opposition, covering relevance, delay, fairness to the other side and service.
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Evidence and use affidavits
- Rule 45: opponent’s evidence affidavit
Rule 45 opponent evidence affidavit draft with authority, use records, exhibits, service requirements and the prescribed filing-period trigger.
Download text template - Rule 46: applicant’s evidence affidavit
Rule 46 applicant evidence affidavit framework with genuine use records, responses to opponent evidence, filing and service guidance.
Download text template - Rule 47: opponent’s reply evidence affidavit
Rule 47 trademark reply affidavit framework with focused rebuttal, exhibit references, scope limits and the optional reply-evidence period.
Download text template - Rule 25(2): affidavit supporting a prior-use claim
Rule 25(2) trademark prior-use affidavit draft with first-use evidence, ownership facts, exhibits and applicable execution requirements.
Download text template - Section 12: honest concurrent use affidavit
Section 12 honest concurrent use affidavit draft covering adoption, use history, sales table, confusion inquiries, exhibits and filing guidance.
Download text template - Affidavit of acquired distinctiveness for a Section 9(1) objection
Affidavit draft proving acquired distinctiveness before the filing date for a Section 9(1) objection, with sales table, exhibits and filing notes.
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Rectification and removal
- Application to remove a registered mark for non-use (Section 47)
Editable Section 47 statement of case to remove a registered trademark for non-use, with date checks, person-aggrieved facts and Form TM-O guidance.
Download text template - Counterstatement to a rectification or non-use removal application
Paragraph-wise counterstatement to a trademark rectification or non-use removal application, with use particulars, Rule 98 timing and verification.
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Applications and amendments
- Request to amend a trademark application (e.g. narrowing goods or services)
Editable Rule 37 request to amend a pending trademark application, mainly to narrow goods or services, with wording, limits and re-advertisement checks.
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Ownership, licensing and authority
- Trademark assignment deed and statement of case for Form TM-P
Editable trademark assignment deed and Rule 76 statement of case for Form TM-P, with goodwill, Section 42, stamping and recordal checks.
Download text template - Trademark licence agreement framework
Editable trademark licence agreement covering permitted use, quality control, enforcement, termination and Form TM-U registered user recordal.
Download text template - Trademark power of attorney authorising an agent
Editable trademark power of attorney for an advocate or registered trade marks agent, with Section 145 limits, Rule 19 and Form TM-M filing checks.
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Enforcement notices
- Cease-and-desist notice for trademark infringement or passing off
Editable cease-and-desist notice for trademark infringement or passing off, with Section 29 grounds, Section 142 threat risks and evidence checks.
Download text template - Reply to a trademark cease-and-desist notice
Editable reply to a trademark cease-and-desist notice, with register checks, prior-use and registration defences, passing-off answers and caveat guidance.
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