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EVIDENCE SUMMARY SHEET - ss44(4) / Reg 4.15A(5)
Prior Use
Trade Mark Number: 1337454 boatshed bay
2009
Date of filing: 18 december
Citation/s: 1234634 the boatshed Date/s of filing: 16 April 2008
EVIDENCE:
Have all of these requirements been met:
1. Evidence provided in Declaratory form (ie. signed and witnessed);
2. Declarant is clearly identified;
3. Trade Mark has been used by the applicant, or the applicant’s predecessor in title;
4. Date of first use earlier than priority date of cited mark/s has been demonstrated with
examples of use of the mark as a trade mark (See Part 19A of the Manual);
5. Use has been continuous until at least the priority date for the application;
6. Use of the Trade Mark has been demonstrated in relation to all of the relevant
goods/services of the application
YES NO
EXAMINER'S RECOMMENDATION/S: ss44(4) Applied
Not Applied
REASON/S:
SALES FIGURES ANNUALY SINCE 2006 supplied variable but increasing and always
substantial
SUPPLIED to woolworths december 2006 a major sales outlet for wine
mostly supplied to melbourne but some sent to brisbane;
claims that the goods are sold throughout australia by woolworths network of liquor outlets
continuously shown until 2010 and since then and clearly stated
sales emails referred to boatshed bay sauvignon blanc as wine being ordered by wollworths
invoices refer to goldwater boatshed bay sauvignon blanc
nvoices show annual use since 2006 until date of filing
examples of use on bottle label supplied shows words BOATSHED BAY prominently placed
at the top of the label in biggest letters along with by goldwater in smaller letters
statement of prior use
statement that they were not aware of the conflicting trade mark until informed by the
opposition process taken by owner of conflicting trade mark
statement that not aware of any confusion
attachments did not arrive with second declaration however a summary of the content of those
attachements in the declaration shows the level of continuous use in australia through
significant sales to woolworths in sydney and or melbourne from 2006 to 2012
ss44(4) / Reg 4.15A(5) could be applied under the following conditions :

discussed ith Brian Hollingsworth; we need to see the attachements; if they do not show how
the trade mark is being used then we need examples of use as well.
1 November 2012;
attachments provided by email and attached to file;
attachements show use of words prominently on the labels and in use on invoices
Examiner :Margaret Rogis Date: 9 October 2012 / 5 November 2012
reassessed in light of provisions of attachements
SUPERVISOR/TEAM LEADER COMMENTS:
Supervisor :
Date:
___________________________________________________
Team Leader: CTMJYP Date: 5.11.2012
REMINDERS :
- Add Endorsement
- Send "ss44 Letter(s)" to cited owner(s) [except where there is no Australian address for
service]
- Date of first use MUST be demonstrated by examples of use in the course of trade