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Trade Marks Act 2002

Legal proceedings - Miscellaneous - Appeals

172: Hearing of appeal

You could also call this:

"How the court listens to both sides in a trade mark appeal"

When someone appeals a decision about a trade mark, the court will listen to both sides and the Commissioner. The court will mainly use the information that the Commissioner has provided. If you want to bring in new information, you need to follow special rules or get permission from the court.

If you're appealing because a trade mark application was accepted or registered, there are some extra rules. The person objecting to the trade mark or the Commissioner can't bring up new reasons for objecting unless the court says it's okay. If the court does allow new reasons, the person who applied for the trade mark can choose to withdraw their application without having to pay the costs of the person who objected. They just need to let everyone know in the way the rules say.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165207.

Topics:
Business > Intellectual propertyCrime and justice > Courts and legal help
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171: Notice of appeal, or

"Telling the court you disagree with a decision"

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173: Determination of appeals, or

"How a court decides trade mark appeals"

Part 4Legal proceedings
Miscellaneous: Appeals

172Hearing of appeal

  1. On an appeal, the court must hear the parties and the Commissioner.

  2. Appeals must be heard only on the materials stated by the Commissioner unless a party, either in the manner prescribed or by special leave of the court, brings forward further material for the consideration of the court.

  3. In the case of an appeal against the acceptance of an application or the registration of a trade mark,—

  4. no further grounds of objection are permitted by the opponent or the Commissioner, other than those stated by the opponent, except by leave of the court; and
    1. if further grounds of objection are permitted, the applicant's application may be withdrawn without payment of the costs of the opponent on giving notice as prescribed.