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Trade Marks Act 2002

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

49: Commissioner's determination on opposition

You could also call this:

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

When someone opposes a trade mark registration, the Commissioner has to make a decision. You should know that the Commissioner must do three things. First, if the parties involved ask for it, the Commissioner will listen to what they have to say. Second, the Commissioner will look at all the evidence provided. Finally, the Commissioner will decide if the trade mark can be registered. If the trade mark can be registered, the Commissioner will also decide if there are any conditions that need to be met for the registration to go ahead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164615.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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48: Applicant's counter-statement, or

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

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50: When trade mark must be registered, or

"A trade mark gets registered when no one objects or if objections are sorted out"

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

49Commissioner's determination on opposition

  1. The Commissioner must—

  2. hear the parties, if so required; and
    1. consider the evidence; and
      1. determine whether, and subject to what conditions, if any, the trade mark is to be registered.