What does an examiner consider when raising conflicting trade marks (citations) against an application?
Under Section 44 of the Trade Marks Act another trade mark can be raised as a ground for rejecting an application if all of the following apply: • it is substantially identical or deceptively similar to the trade mark which is the subject of an application; and • it covers goods or services which are similar or closely related to those covered by the application; and • it has an earlier date than the application.
