7.1 Convincing IPONZ deception or confusion is unlikelyUp one level
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.