Update to Hearings Guidelines for Trade Marks

Update to Hearings Guidelines for Trade Marks

IPONZ has recently updated its hearings guidelines relating to costs awards and how parties may be heard.

The IPONZ Hearings Office has recently updated the following guidelines on proceedings under the Trade Marks Act 2002:

Update to costs awards for uncontested cases

The Hearings Office has recently updated its Costs Awards guidelines to clarify expected actions for uncontested cases.

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.

View the updated Costs Awards guidelines for Trade Mark Hearings

Updates to how parties may be heard

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.

View the updated How You Can Be Heard guidelines for Trade Mark Hearings

Published on November 7, 2019