6. Conversion to the current Nice edition

Where the Commissioner receives an application for conversion, the Commissioner must first notify the applicant for conversion of the proposed form of the conversion¹⁹. The applicant will be sent a Notice of Proposed Conversion, advising the proposed form of the conversion. Where the applicant does not agree to the proposed conversion, the applicant has a right to a hearing on this matter.

A time limit will be stipulated, being not less than one month from the date of the Notice of Proposed Conversion, in which the applicant must indicate that it wishes to be heard before the Commissioner exercises his power to convert the application²⁰.

Footnotes

¹⁹ See regulation 142(1) of the Trade Marks Regulations 2003.

²⁰ See regulation 142(3) of the Trade Marks Regulations 2003

Where the applicant requests a hearing, the request:

• Must be made in writing;
• Must indicate whether the applicant desires a hearing in person or a hearing based on written submissions; and
• Must be received by IPONZ on or prior to the expiry of the deadline specified in the Notice of Proposed Conversion, taking into account any extensions of time that have been granted.

Upon receipt of the request for a hearing, the application will be forwarded to the Hearings Office.

After the hearing, or after considering the applicant’s written submissions, the Assistant Commissioner will either accept or reject the applicant’s submissions relating to the conversion. A decision will issue in writing, stating the reasons for the Assistant Commissioner’s decision.

Where IPONZ does not receive a response to the Notice of Proposed Conversion on or prior to the expiry of the deadline specified in that Notice, the Commissioner will convert the specification in the proposed form and enter the date of the conversion on the Register²¹.

An Assistant Commissioner will write to the applicant confirming that the application has been converted.

Footnote

²¹ See regulation 142(3) of the Trade Mark Regulations 2003.