6. Rejection

Section 43 of the Act states:

The Commissioner must reject an application if, within the time specified by the Commissioner, the applicant does not satisfy the Commissioner that the applicant has complied with the requirements in this Act for registering a trade mark.

It follows that the Commissioner must reject an application where:

• IPONZ has received a response to the most recent Compliance Report on or prior to the expiry of the deadline set in that Report (taking into account any extensions of time that have been granted), ⁴¹ and yet
• The Commissioner is not satisfied that the applicant has complied with the requirements in the Act for registering a trade mark.

Footnote

⁴¹Section 44 of the Act applies where the Office does not receive a response to the most recent Compliance Report on or prior to the expiry of the deadline set in that Notification, taking into account any extensions of time that have been granted. See ‘Abandonment’, above.