4.2 Extent of use

The evidence submitted by the applicant should include:

• An explanation of how the applicant came up with its trade mark.
• The date the applicant’s mark was first used on its goods and/or services in New Zealand.
• Information about the geographical extent of the use of the applicant’s mark in New Zealand.
• Sales or turnover figures pertaining to the goods and/or services provided under the applicant’s mark in New Zealand (preferably set out as annual figures).
• Advertising or promotional expenses in respect of the goods and/or services provided under the applicant’s mark in New Zealand (preferably set out as annual figures).
• A list of the goods/services that the applicant’s mark identifies in New Zealand.
• Information about any actual instances of confusion that the applicant is aware of having occurred between its mark and the cited mark(s).
• Any other information that may assist in establishing that the applicant’s mark has been used in New Zealand concurrently with the cited mark(s) without any confusion as a result of the concurrent use.