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6. Similarity of the goods or services
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6.1 Goods and services not similar
Under section 25(1)(c) of the Act, the examiner must also consider whether the potential citation is well-known in New Zealand with regards to goods or services that are not similar to the application under examination.
The Courts have still to decide what indicates a connection in the course of trade between the goods or services in the specification and the owner of the well-known trade mark and is likely to prejudice the interests of the owner of the well-known trade mark. Again, because of this, rejections under section 25(1)(c) of the Act will be uncommon and be left to the proprietor of the well-known mark.
