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Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - Opposition to application

48: Applicant's counter-statement

You could also call this:

"How to respond if someone objects to your trade mark application"

If someone opposes your application for a trade mark, you need to respond. You must send a counter-statement to the Commissioner within a set time. This counter-statement should explain why you think your application should be approved.

If you don't send your counter-statement in time, the Commissioner will think you've given up on your application. They will consider it abandoned.

If you do send your counter-statement, the Commissioner will make sure everyone who opposed your application gets a copy of it. This way, they can see your reasons for wanting the trade mark.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164614.

Topics:
Business > Intellectual property
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47: Opposition to accepted application, or

"How to disagree with someone's request for a trade mark"

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49: Commissioner's determination on opposition, or

"The Commissioner decides if a trade mark can be registered after hearing arguments and looking at evidence"

Part 3Process for obtaining registration of trade mark and other matters
Opposition to application

48Applicant's counter-statement

  1. An applicant to whom a notice of opposition has been sent must, within the prescribed time, send to the Commissioner a counter-statement of the grounds on which the applicant relies for his or her application.

  2. If an applicant does not send a counter-statement to the Commissioner within the prescribed time, the applicant is deemed to have abandoned the application.

  3. If an applicant sends a counter-statement to the Commissioner, the Commissioner must send a copy of the counter-statement to every person who gave notice of opposition.