5. Examination

Where a person applies for merger of trade mark applications or registrations, the Commissioner must be satisfied that the request to merge the separate trade mark applications or registrations:

• Are for the same mark or series of marks;⁶
• Have the same filing date and convention priority date, if any;⁷
• Have the same status;⁸
• Are in the name of the same applicant or owner; ⁹ and
• Are classified according to the same edition of the Nice Classification.¹⁰

These requirements are discussed below. An application for a merger will not be accepted if the trade mark application or registration has been refused, withdrawn or abandoned is no longer “active”.

Footnotes

6 Regulation 54(2)(a) of the Trade Marks Regulations 2003

7 Regulation 54(2)(b) of the Trade Marks Regulations 2003

8 Regulation 54(2)(c) of the Trade Marks Regulations 2003

9 Regulation 54(2)(d) of the Trade Marks Regulations 2003

10 Regulation 54(2)(e) of the Trade Marks Regulations 2003