7.4 Abandonment of the cited mark

Where a citation has been raised against an application, and the cited mark is the subject of an application with earlier priority that has not yet been accepted, it is possible that the application in respect of the cited mark will subsequently be treated as abandoned due to lack of response on the part of its applicant.

An application must be treated as abandoned if the Commissioner does not receive a response from the applicant to a Compliance Report within the time specified by the Commissioner under section 44(1) of the Act.

IPONZ will withdraw the citation if the cited mark is treated as abandoned pursuant to section 44(1) of the Act.

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