Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

Legal proceedings - Miscellaneous - Appeals

173: Determination of appeals

You could also call this:

"How a court decides trade mark appeals"

When you appeal a decision about a trade mark, a court will look at your case. The court can do several things. It can agree with, change, or disagree with the Commissioner's decision. The court can also do anything the Commissioner could have done when dealing with your trade mark case. If you're appealing against a trade mark being registered, the court might let you change the trade mark a little bit, as long as it doesn't make it look too different. But if this happens, they have to show everyone the changed trade mark in a special way before it can be registered.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM165208.

Topics:
Business > Intellectual propertyCrime and justice > Courts and legal help
Previous

172: Hearing of appeal, or

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

Next

174: Provisions pending determination of appeal, or

"What happens while waiting for an appeal decision"

Part 4Legal proceedings
Miscellaneous: Appeals

173Determination of appeals

  1. In determining an appeal, the court may do any of the following things:

  2. confirm, modify, or reverse the Commissioner's decision or any part of it:
    1. exercise any of the powers that could have been exercised by the Commissioner in relation to the matter to which the appeal relates:
      1. in the case of an appeal against the registration of a trade mark, permit the trade mark proposed to be registered to be modified in any manner that does not substantially affect its identity. However, in any such case, the trade mark as so modified must be advertised in the prescribed manner before being registered.