7.6 Opposition of the cited mark

Where a cited mark is not yet registered but has been accepted and advertised, the applicant may decide to oppose the registration of the cited mark.

Where an applicant has lodged an opposition against a cited mark, the applicant must advise IPONZ of this fact prior to the expiry of the deadline set in the Compliance Report that issued to the applicant. Upon receipt of the applicant’s advice that an opposition has been lodged against the cited mark, IPONZ will, upon verification of the facts, place the application in abeyance pending the outcome of the opposition proceedings.²⁴

If the cited mark is successfully opposed, IPONZ will withdraw the citation once the cited mark has been marked off as abandoned in the IPONZ database.

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

Footnote

²⁴ Pursuant to section 44(2) of the Act.