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2.2.2 Supporting documentation

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In some instances IPONZ will advise the applicant or the applicant’s agent that supporting documentation will be required to support any further extensions of time. The purpose of the supporting documentation is to demonstrate to IPONZ that the applicant and/or the applicant’s agent has been actively progressing the request.

Examples of supporting documentation that would generally be acceptable to IPONZ are:

Grounds for extension of time

Supporting documentation that would generally be acceptable to IPONZ

Letter of consent or negotiations

a statutory declaration;
a clear written statement;
a copy of a letter or email to the owner of the cited marks (the letter may have legally privileged content blanked out);
or an email from the owner or agent of the cited mark confirming negotiations are underway.

The documentation should include the following information:

confirmation that consent and/or co-existence negotiations are taking place;
when negotiations were initiated;
what is generally being done to progress the negotiations;
and when negotiations are anticipated to be completed.

Evidence of use

a draft statutory declaration addressing acquired distinctiveness under section 18(2)
copies of any letter(s) between the agent, applicant, or third parties showing that evidence of use is actively being prepared.

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2.2.2 Supporting documentation

Grounds for extension of time

Supporting documentation that would generally be acceptable to IPONZ

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