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2.1 Prior use

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Examiners will not consider submissions attempting to prove that the applicant has used its mark in New Zealand prior to the priority date of a mark that has been cited against the application.

The Act is very clear that each application must be determined “according to its order of priority”.¹ The mark with the earliest priority will proceed to acceptance and will be raised as a citation against applications with later priority. An applicant with later priority must either oppose the registration of a mark that has earlier priority, or must overcome the citation via the methods outlined in these Guidelines.

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¹ See section 35(b) of the Act.

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2.1 Prior use

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