5.1 Other proceedings or legal challenges

Where the circumstances set out in section 44(2) of the Act do not apply, an applicant may request that its application be placed in abeyance where:

• The application is awaiting the outcome of some other proceeding before the Commissioner of Trade Marks in New Zealand; or
• The application is awaiting the outcome of some other legal challenge in New Zealand.

Any request that an application be placed in abeyance:

• Must be made in writing;
• Must be received by IPONZ on or prior to the expiry of the deadline set in the Compliance Report; and
• Must set out the reasons for the request.

Where IPONZ is satisfied as to the reasons for the applicant’s request IPONZ will place the application in abeyance pending the outcome of the proceedings or legal challenge.

Where an application has been put in abeyance pending the outcome of a proceeding or legal challenge in New Zealand, the applicant must advise IPONZ as soon as practicable of the outcome.

On notice of the outcome of the proceeding, the applicant will be notified of an extension of the deadline for compliance.