Are new or old trademarks eligible for registration?

Applications can be made either for trademarks that are already in use or for trademarks that are not yet in use. There is no need to submit any proof of use/intent of use of a trademark even upon renewal.

There is an exception, however, where proof needs to be submitted to overcome absolute grounds for refusal, i.e. non-distinctiveness. Such proof needs to show that the sign has acquired distinctiveness as a result of the use made of it prior to the date of application.