NSW What period of time of the trade mark continuous prior use must be demonstrated

[Vadim]

G'day,

What period of time of the trade mark continuous prior use must be demonstrated to overcome conflict with earlier registered conflicting trade mark:
1. Period of time of continuous use before FIRST USE of the conflicting registered trade mark
OR
2. Period of time of continuous use before PRIORITY DATE of the conflicting registered trade mark

Thank you in advance
Vadim

 

[Kim Walters]

Hi Vadim

The use must have commenced in Australia before the PRIORITY DATE of the cited (earlier) application or registration and be continuous at least up until the priority date of the applicant's application.

 

[Vadim]

Hi Vadim

The use must have commenced in Australia before the PRIORITY DATE of the cited (earlier) application or registration and be continuous at least up until the priority date of the applicant's application.

Thank you very much, Kim, for your answer. Your opinion and advice is very helpful.
Thank you
Vadim

 

[Vadim]

Hi Vadim

The use must have commenced in Australia before the PRIORITY DATE of the cited (earlier) application or registration and be continuous at least up until the priority date of the applicant's application.

G'day, Kim,

If prior continuous use of the opposed trade mark is demonstrated for the period of 2 years, 9 months, 9 days before the PRIORITY DATE of the opponent's trade mark then is it efficient enough to overcome opposition under 44(4)?

Thank you,
Vadim