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Trade Marks Act 2002

Legal proceedings - Miscellaneous - Costs

166: Costs

You could also call this:

"The Commissioner decides who pays for trade mark cases and how much"

The Commissioner can decide who pays for things in trade mark proceedings. If you're involved in a trade mark case, the Commissioner might tell you to pay some money to cover costs. The Commissioner decides how much is fair and who should pay it.

The Commissioner's decision about costs can be treated like a court decision. This means it can be officially recorded by the court. If the court allows it, someone can make you follow the Commissioner's decision about paying costs, just like they could with a court decision.

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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=DLM165200.

Topics:
Business > Intellectual propertyGovernment and voting > Government departments
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165: Certificate of validity, or

"A court's proof that a trade mark is real and belongs to its owner"

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167: Commissioner or court may require security for costs, or

"You might need to pay money upfront for trademark cases"

Part 4Legal proceedings
Miscellaneous: Costs

166Costs

  1. In any proceedings before the Commissioner under this Act, the Commissioner may,—

  2. by order, award to any party costs that the Commissioner considers reasonable; and
    1. direct how and by what parties they are to be paid.

      1. An order under subsection (1) may be—

      2. entered as a judgment of the court; and
        1. with the leave of the court, may be enforced accordingly.