Trade Marks Act 2002

Legal proceedings - Miscellaneous - Costs

168: No costs on appeal against refusal to certify or to authorise use

You could also call this:

"No one has to pay for appealing if a trade mark owner says no to using their special mark"

In this law, if you appeal to the Commissioner because the owner of a certification trade mark won't certify your goods or services or let you use their trade mark, the Commissioner can't make anyone pay for the costs of the appeal. This is different from other types of appeals where the Commissioner might be able to decide who pays for what. It's important to know that this rule only applies to this specific type of appeal about certification trade marks.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165202.


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

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


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169: Costs of Commissioner in proceedings before court, or

"Court decides if trade mark official pays costs in legal cases"

Part 4Legal proceedings
Miscellaneous: Costs

168No costs on appeal against refusal to certify or to authorise use

  1. Despite section 167, the Commissioner does not have any jurisdiction to award costs to or against any party on an appeal to the Commissioner against a refusal of the owner of a certification trade mark to certify goods or services or to authorise the use of the trade mark.