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10a Overcoming a citation
This document provides guidance on methods of overcoming a citation including methods under section 26 of the Trade Marks Act 2002. These guidelines do not constrain the judgement and discretion of the Commissioner of Trade Marks, and each application will be considered on its own merits.
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- 1. Introduction
- 2. Methods that will not overcome a citation
- 3. Consent
- 4. Honest concurrent use
- 5. Other special circumstances
- 6. Restricting the specification of goods and services
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7. Other methods of overcoming a citation
- 7.1 Convincing IPONZ deception or confusion is unlikely
- 7.2 Division of the application
- 7.3 Withdrawal of the cited mark
- 7.4 Abandonment of the cited mark
- 7.5 Assignment
- 7.6 Opposition of the cited mark
- 7.7 Removed marks
- 7.8 Voluntary cancellation of the cited mark
- 7.9 Cancellation, revocation or invalidation of the cited mark
- Appendix 1: Sample statutory declaration
- Appendix 2: Sample letter of consent
- Appendix 3: Honest Concurrent use checklist
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