Consent
Consent of the earlier right holder can be filled to overcome the need to notify where a conflicting earlier right has been identified in the examination report.
Section 5(5) of the Act states:
'Nothing in this section prevents the registration of a trade mark where the proprietor of the earlier mark or earlier right consents to the registration'
The Registrar will accept a letter of consent or a formal agreement between the parties. If the specification is not referred to it will be assumed that the specification applied for is acceptable to the party providing consent. Where consent is provided the party providing the consent will not be notified when the trade mark proceeds to advertisement.
Proprietors seeking consent will be allowed to request extensions of time while negotiations are proceeding. However this will be restricted to a maximum of six months before the trade mark application will proceed to be advertised with notification being sent to the earlier rights holder.
Further
details regarding consent can be found in Chapter 3 "Examination and Practice" 
(1.55Mb)
of the work manual at paragraph 56.2.
