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Amendments to Trademark Laws

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Dez 05, 2019 (Newsletter Issue 17/19)
New Zealand
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Hearings Guidelines Updated

On November 8, 2019, the IPONZ Hearings Office has recently updated the following guidelines on proceedings under the Trade Marks Act 2002 with regard to the costs awards for uncontested cases and to how parties may be heard.

The Hearings Office will no longer award costs in any case where a proceeding applicant contacted the applicant/owner prior to lodging its case. The default position in uncontested cases will be one of not awarding costs, save for where there are circumstances that justify costs being awarded, or where the initiating party would almost certainly have succeeded.

Further, the Hearings Office has added new guidelines on the incorporation of Māori tikanga as part of the hearing process. This is an option for one or both of the parties involved in the hearing and must be notified in advance so that the necessary preparations can be made.
The Hearings Office has also clarified its practices on hearing venues, notably on the ability to attend these by means of video-conferencing.

For more information on the costs award, please click here and on the how you can be heard guidelines, please click here