Trade Marks (International Registration) Regulations 2012

Notice of opposition

16 Notice of opposition

(1)

This regulation applies instead of regulation 75 of the Trade Marks Regulations and regulation 76 of those regulations does not apply to a notice of opposition filed under this regulation.

(2)

A person who opposes the conferral of protection on an international registration designating New Zealand may file with the Commissioner a notice of opposition within 3 months after the date of publication.

(3)

The Commissioner may, if requested, extend the deadline for filing a notice of opposition—

(a)

by up to 1 month, without the consent of the holder of the international registration; and

(b)

by up to 2 months, with the holder’s consent.

(4)

The Commissioner must not extend the deadline if the request for extension is received after the deadline has expired.

(5)

If a notice of opposition is filed, the Commissioner must—

(a)

give notification of refusal (based on an opposition) to the International Bureau; and

(b)

state in the notification the grounds of the opposition.

Compare: Trade Marks (International Registration) Rules 2000 r 13 (Singapore)

Regulation 16(2): amended, on 21 March 2019, by regulation 6 of the Trade Marks (International Registration) Amendment Regulations 2019 (LI 2019/23).