Region: New Zealand

Yet another case emphasises the importance of lodging admissible evidence

Many New Zealand trademark actions are lost due to poor or inadmissible evidence, as demonstrated again in these recent invalidity proceedings.

07 October 2021

Copyright provides basis to challenge trademark ownership

A trademark applicant has learnt the hard way that it is still possible to lose in opposition proceedings even after the Intellectual Property Office of New Zealand has thrown out all of the opponent’s evidence.

23 September 2021

Watch your evidence (again!) in trademark proceedings

This New Zealand case is a prime example of one in which a different outcome would almost certainly have been reached if the invalidity applicant had filed appropriate and admissible evidence.

24 August 2021

Is TRAUMAGEL really too similar to TRAUMEEL?

The decision serves as a warning to owners of pharmaceutical and medical brands that, in New Zealand, no trademark opposition should be dismissed.

13 August 2021

Disclaimers in trademarks – not so sweet after all

In these opposition proceedings against a composite trademark covering a broad range of goods in Class 30, the applicant’s statutory rights were restricted significantly - not by the opponent’s prior rights or reputation, but by savvy legal arguments.

06 August 2021

Exclusive roundtable – how four leading IP offices are cracking down on scams and fraudulent activity

Scams targeting trademark owners are fast becoming commonplace and increasingly sophisticated. Four leading IP offices share their insights on which scams are most prevalent, what you can do to stay safe, the resources on offer to help and how offices are collaborating across borders to fight fraudsters.

05 August 2021

Kiwis will not confuse port and other wines

These New Zealand opposition proceedings serve as a reminder that, even where the marks and the goods are found to be similar, the opponent is not always certain to win.

30 July 2021

Trademarks and prime ministers’ nicknames: AUNTY HELEN and JACINDARELLA

This recent decision by the New Zealand Trademarks Office raises interesting issues as to the extent to which media-generated nicknames might be protectable.

29 June 2021

New Zealand’s strict ‘use it or lose it’ approach in partial revocation proceedings - and how it differs from Australia’s approach

This decision provides helpful guidance on the principles for partial revocation of trademark registrations in New Zealand, while highlighting important differences between the law and practice on non-use removal proceedings in Australia and New Zealand.

28 April 2021

Activision strikes back with Warzone lawsuit; fight continues; Leason Ellis brand refresh – news digest

In our latest round-up, we look at the IP Office of New Zealand launching a new hearings initiative, Canopy Growth acquiring a leading marijuana brand, and much more.

13 April 2021

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