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7.5 Assignment
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A citation may be overcome by assignment. Once the cited mark and the application under examination are in the name of the same owner, section 25 of the Act cannot apply.
There are several possibilities:
- Assignment of the application under examination to the owner of the cited mark(s).
- Assignment of the cited mark(s) to the applicant.
- Assignment of the application under examination and the cited mark(s) to the same third party.
A trade mark may be assigned at any time, whether before or after registration.23
Footnote
23 See sections 12(1) and 82 of the Act.
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