Trade Marks (International Registration) Regulations 2012


17 Time for sending counter-statement


This regulation applies instead of regulation 79 of the Trade Marks Regulations.


In this regulation, date of refusal means the date on which the Commissioner gives notification of refusal (based on an opposition) to the International Bureau under regulation 16(5).


A holder of an international registration to whom the International Bureau has sent a notice of opposition must file with the Commissioner a counter-statement within 2 months after the date of refusal.


To avoid doubt, if the holder fails to comply with subclause (3) in relation to any class of goods or services in respect of which protection is opposed,—


the Commissioner is entitled to treat the holder’s request for protection in New Zealand in respect of those goods or services as withdrawn; and


the Commissioner’s refusal applies in respect of those goods or services.

Compare: Trade Marks (International Registration) Rules 2000 r 13(1), (2), (10) (Singapore)

Regulation 17(3): amended, on 21 March 2019, by regulation 7 of the Trade Marks (International Registration) Amendment Regulations 2019 (LI 2019/23).