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2.2 Notice
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Notice is not a means by which citations may be overcome under the Act.
Under the Trade Marks Act 1953, applicants were able to overcome citations by serving notice on the owner of the cited mark, thereby advising the owner of the advertisement of the applicant’s application, and of the opportunity to oppose its registration. However, this had ceased before the new Act came into force.2
Footnote
2 See ‘Removal of formal notice requirement for trade mark files’, Information for Clients No. 2 of 18 June 1998.
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