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7.3 Withdrawal of the cited mark

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Where a citation has been raised against an application, and the cited mark is the subject of an application with earlier priority that is not yet registered, the applicant may decide to enter into negotiations with the owner of the cited mark, in the attempt to persuade that owner to withdraw its application pursuant to section 37(1) of the Act. Please refer to Practice guideline 12, Amendments to Trade Mark Applications.

IPONZ will withdraw the citation if the owner of the cited mark withdraws its application.

It is the responsibility of the applicant to advise IPONZ once the cited mark has been marked off as abandoned in the IPONZ database.


Last updated 24 June 2008

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