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6.1 Deleting goods or services

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An applicant may attempt to overcome a citation by deleting the goods or services from the specification so that the overlap between the conflicting trade marks is removed. This option is only possible if the applicant has applied for a wider range of goods or services than those covered by the cited mark and if they are prepared to restrict their specification to the goods or services of interest to them.

The proposed amendment to the specification must clearly remove the possibility for confusion or deception in the market place. For example:


Original specification Cited mark's specification Amended specification
Games and playthings; gymnastic and sporting articles; decorations for christmas trees Games Gymnastic and sporting articles; decorations for Christmas trees
Education; entertainment; sporting and cultural activities Sporting and cultural activities Education


Last updated 24 June 2008

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