Trade mark hearing decisions

Practice following hearing

Following a hearing (either by appearance, written submissions, or on the papers filed) it is normal practice for the Assistant Commissioner to reserve their decision to allow further consideration of the issues.

Assistant Commissioner’s written decision

Regulations 162 and 163

The Assistant Commissioner will subsequently issue a formal written decision setting out detailed reasons for the decision, including any award of costs when applicable.

See costs for more information.

Timeframes

Hearings decisions are normally issued within 30 working days from the date of the hearing.

The decision of the Assistant Commissioner will be sent to both parties via the IPONZ case management facility.

Appeals

Sections 170 and 171

If a party wishes to appeal the Commissioner’s decision, they must file a notice of appeal in the High Court, and serve a copy of the notice on the Commissioner, within 20 working days from the date the decision is issued.

If no appeal is filed the Assistant Commissioner’s decision will be final.

Publication of decisions on NZLII

All IPONZ hearings decisions from 1955 onwards are published on the New Zealand Legal Information Institute (NZLII) website, which is open to the public free of charge.

New IPONZ hearings decisions are released at the beginning of the month. A detailed list of latest decisions is also published on the IPONZ website.

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