Part 4Legal proceedings
Miscellaneous: Costs
169Costs of Commissioner in proceedings before court
In all court proceedings under this Act, the Commissioner's costs are in the discretion of the court.
When there are court proceedings related to the Trade Marks Act 2002, the court gets to decide whether the Commissioner of Trade Marks has to pay any costs. The court can use its own judgement to determine if the Commissioner should pay, and if so, how much. This rule applies to all court cases that involve this Act.
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168: No costs on appeal against refusal to certify or to authorise use, or
"No one has to pay for appealing if a trade mark owner says no to using their special mark"
170: Appeals in relation to Commissioner's decisions, or
"You can ask a judge to check if the Commissioner's decision was fair"
In all court proceedings under this Act, the Commissioner's costs are in the discretion of the court.