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7.1 Convincing IPONZ deception or confusion is unlikely

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Where a citation has been raised under section 25(1)(b) of the Act, an applicant may be able to convince IPONZ that the co-existence of the applicant’s mark with the cited mark is not likely to deceive or confuse. For example, an applicant may argue:

  • That their mark is not similar to the cited mark.
  • That their goods/services are not the same as, or similar to, the goods/services of the cited mark.

The applicant must make their submissions in writing.


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Last updated 16 November 2009

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