Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

Legal proceedings - Miscellaneous - Appearance of Commissioner

159: Commissioner's appearance in certain proceedings

You could also call this:

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

In some legal cases about changing the trade mark register or changing, cancelling, or making a trade mark invalid, the Commissioner has a special role. You should know that the Commissioner can choose to be part of these cases and speak up. If the court tells the Commissioner to be there, they must do so.

Sometimes, instead of being there in person, the Commissioner can write a statement for the court. This statement can include information about the case, reasons for any decisions they made before, how similar cases are usually handled, and other important facts. The Commissioner must sign this statement.

When the Commissioner writes a statement like this, it becomes part of the evidence in the case. This means the court will consider it when making decisions.

Remember, the Commissioner is an important person who helps manage trade marks in New Zealand. Their input in these cases can be very helpful for the court to understand all the facts.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165090.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
Previous

158: Application to Commissioner or court?, or

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

Next

160: Mode of giving evidence in proceedings before Commissioner, or

"How you give evidence when the Trade Mark boss decides things"

Part 4Legal proceedings
Miscellaneous: Appearance of Commissioner

159Commissioner's appearance in certain proceedings

  1. In any legal proceedings in which the relief sought includes alteration or rectification of the register, or alteration, revocation, or invalidity of a registered trade mark, the Commissioner—

  2. has the right to appear and be heard; and
    1. must appear if directed by the court.

      1. Instead of appearing in person, the Commissioner may, unless otherwise directed by the court, give the court a written statement—

      2. of the following particulars that are within the Commissioner's knowledge:
        1. the issues:
          1. the grounds of any decision given by him or her:
            1. the practice of the Intellectual Property Office of New Zealand in similar cases:
              1. any other matters that are relevant to the issues; and
              2. that is signed by the Commissioner.

                1. The Commissioner's written statement forms part of the evidence in the proceeding.

                Notes
                • Section 159(2)(a)(iii): amended, on , by section 249 of the Patents Act 2013 (2013 No 68).