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7.1 Convincing IPONZ deception or confusion is unlikely

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7.1.1 Where the owner of the cited mark is the same entity


Where the name of the owner of a cited mark is different from the applicant but is in fact the same entity, the citation(s) will not be withdrawn until one of the following two situations occur:

  • The details in the IPONZ database have been amended so that both marks are in the same name; or
  • Consent from the owner of the cited mark has been supplied.

 

7.1.2 Address details

Where the owner of the cited mark(s) has the same name as the applicant, but a different address and a concern has been raised under section 25 of the Act, the applicant should either:

  • Arrange for the amendment of the address details held in the IPONZ database, so that the database records the same address for the owner of the cited mark(s) and the applicant; or
  • Advise IPONZ that the owner of the cited mark is in fact the same as the applicant.
Last updated 16 November 2009