Trade Marks Act 2002

Legal proceedings - Miscellaneous - Application to Commissioner or court?

158: Application to Commissioner or court?

You could also call this:

"How to decide if you should ask the Commissioner or go to court about a trade mark"

If you need to make a decision about a trade mark, you have two options: you can ask the Commissioner or go to court. However, there are some rules you need to follow.

If there's already a court case going on about the trade mark you're interested in, you must go to court to get your answer. You don't have a choice in this case.

In any other situation, you can ask the Commissioner for help. The Commissioner can do one of two things:

  1. They can listen to what you and the other people involved have to say, and then make a decision.

  2. Or, if they think it's necessary, they can send your question to the court at any point during the process.

So, remember: if there's already a court case, you go to court. If not, you can ask the Commissioner, who might decide themselves or send you to court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165088.


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"The Commissioner can speak up or write a statement for the court in some trade mark cases"

Part 4Legal proceedings
Miscellaneous: Application to Commissioner or court?

158Application to Commissioner or court?

  1. A person who may apply either to the Commissioner or the court for a determination under this Act—

  2. must, if an action concerning the trade mark in question is pending, apply to the court:
    1. may, in any other case, apply to the Commissioner who may,—
      1. after hearing the parties, determine the question between them; or
        1. at any stage of the proceedings, refer the application to the court.