Trade Marks Act 2002

Legal proceedings - Miscellaneous - Evidence

162: Registration is prima facie evidence of validity

You could also call this:

"Trade mark registration provides initial proof of ownership in legal disputes"

When a trade mark is registered, it means that someone is officially listed as the owner of that trade mark. If there are any legal issues or court cases about the trade mark, the fact that it's registered is considered to be good evidence. This evidence suggests that the trade mark was properly registered in the first place. It also supports the idea that any changes in ownership since then, like if the trade mark was sold or given to someone else, were done correctly. However, it's important to know that this evidence isn't absolute proof. It's just a starting point that the court will consider when looking at the trade mark's validity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165095.


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161: Evidence of entries, documents, etc, or

"Proof of what happened and what's on record"


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163: Appeal against decision of Commissioner that relates to assignments and transmissions, or

"You can ask a judge to look at a decision about who owns a trade mark"

Part 4Legal proceedings
Miscellaneous: Evidence

162Registration is prima facie evidence of validity

  1. In all legal proceedings that relate to a registered trade mark the fact that a person is registered as owner of the trade mark is prima facie evidence of the validity of the original registration of the trade mark and of all later assignments and transmissions.