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Trade Marks Act 2002

Legal proceedings - Miscellaneous - Evidence

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

You could also call this:

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

You need to know about a rule about proving who owns a trade mark in court. A trade mark is like a special symbol or name that belongs to a company.

The rule says that if there's a paper or document about who owns a trade mark, but it's not written down in the official list (called the register), you usually can't use it in court to prove who owns the trade mark.

But there are two times when you might be able to use this paper or document in court:

  1. If you're asking to change the register (this is called an application under section 76).
  2. If you're disagreeing with a decision about the register (this is called an appeal under section 170).

Also, if the judge says it's okay, you might be able to use the paper or document even if it's not in the register.

This rule helps make sure that the official list of who owns trade marks is trusted and used properly in 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=DLM165096.

Topics:
Business > Intellectual property
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162: Registration is prima facie evidence of validity, or

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

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"Courts must think about how businesses normally use trade marks"

Part 4Legal proceedings
Miscellaneous: Evidence

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

  1. A document or instrument in respect of which no entry has been made in the register must not be admitted in evidence in a court as proof of the title to a trade mark—

  2. except for the purposes of an application under section 76 or of an appeal under section 170; or
    1. unless the court otherwise directs.