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7. Other methods of overcoming a citation
Up one levelThere are various other means whereby an applicant may be able to overcome a citation including:
- convincing IPONZ that deception or confusion is unlikely;
- assignment of the application or the cited mark;
- successful opposition of the cited mark;
- expiry of the one-year period under section 60 of the Act;
- cancellation, revocation or invalidation of the registration of the cited mark;
- abandonment or withdrawal of the cited mark; or
- division of the application.
Each of these means is discussed in further detail below.
Before an examiner recommends for acceptance an application where a citation has lapsed or has been amended to delete the conflicting goods and services, they will always check whether an application for division based on a citation has been filed.
View whole section on one page
- 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
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