2.1 Same entity

¹⁰Occasionally it may transpire that the owner of a cited mark is related to the applicant of a later filed application even though the owner of the cited mark(s) has a different name to the applicant.

In this situation, IPONZ will raise a citation where it considers that section 25(1) of the Act applies. IPONZ is not in a position to determine whether the owners of the respective trade marks are one and the same but must examine based on the applicant’s details that appear in the IPONZ database.

Until the matter is resolved to the satisfaction of the Commissioner, the citation will stand. Please see Practice Guideline 10a Overcoming a Citation.

Footnote

¹⁰Practice Guideline Amendment 2007/10, IPONZ Newsletter, October 2007.