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6. Restricting the specification of goods and services

¹⁷An applicant may be able to overcome a citation by restricting its specification of goods and services pursuant to section 37(1) of the Act so as to avoid any overlap with the goods and services of the cited mark. Please see Practice guidelines - Amendments to trade mark applications. A restriction to the specification of goods and services may be done by:

Deleting goods or services from the existing specification;
Adding a positive limitation; or
Excluding certain goods or services from the existing specification.

Footnote

¹⁷ Practice Guideline Amendment 2005/09, IPONZ Newsletter, October 2005

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6.1 Deleting goods or services
6.2 Adding a positive limitation
6.3 Excluding particular goods or services
- 6.3.1 Excluding goods or services leading to confusion
- 6.3.2 Excluding goods or services not in specification
6.4 Restricting the specification of the cited mark

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6. Restricting the specification of goods and services

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