5.4 Related legal proceedings exist

Where the reasons stated in the request for extension of time are that the Applicant is awaiting the outcome of a related legal proceeding of the type stated in Regulation 63(1) of the regulations, it will generally be more appropriate for the applicant to request that its application be placed in abeyance rather than request an extension of time.

Where abeyance is the most appropriate option, IPONZ will place the trade mark application into abeyance and notify the applicant.

For more information on abeyance and the applicant’s obligation to advise IPONZ of the outcome of the related proceedings, please see part 5 of the Practice Guidelines on Examination of trade mark requests - sections 39, 41, 43, 44 and 45.