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Decisions of the Commissioner

News and updates Decisions of the Commissioner
Decisions of the Commissioner issued in February and March are now available online. Select the links to see the decisions. Trade marks Number Mark First Party Second Party …

Introduction to the Trade Marks Act 2002

About IP Trade marks Practice guidelines Introduction to the Trade Marks Act 2002
Introductory comments on the Trade Marks Act 2002. These guidelines do not constrain the judgement and discretion of the Commissioner of Trade Marks, and each application will be considered on its own merits.

Priority of trade mark applications

About IP Trade marks Practice guidelines Priority of trade mark applications
This document provides guidelines on the priority of trade mark applications under the Trade Marks Act 2002. These Guidelines do not constrain the judgement and discretion of the Commissioner of Trade Marks, and each application will be considered on its own merits.

Absolute grounds - General

About IP Trade marks Practice guidelines Absolute grounds - General
This document provides guidelines on whether absolute grounds exist for refusing registration of a trade mark. In particular, these guidelines concern the absolute grounds for refusal stipulated in section 17 of the Trade Marks Act 2002. These Guidelines do not constrain the judgement and discretion of…

Relative grounds - Prescribed words and abbreviations

About IP Trade marks Practice guidelines Relative grounds - Prescribed words and abbreviations
Guidelines on section 22 of the Trade Marks Act 2002. These Guidelines do not constrain the judgment and discretion of the Commissioner of Trade Marks, and each application will be considered on its own merits.

Flags, armorial bearings, state emblems etc

About IP Trade marks Practice guidelines Flags, armorial bearings, state emblems etc
Guidelines on whether relative grounds exist for refusing registration of a trade mark. In particular, this document concerns the relative grounds for refusal stipulated in sections 27-30 of the Trade Marks Act 2002. These Guidelines do not constrain the judgment and discretion of the Commissioner of…

Renewal and restoration

About IP Trade marks Practice guidelines Renewal and restoration
This document provides guidelines on renewal and restoration of a trade mark registered under the Trade Marks Act 2002. These guidelines do not constrain the judgement and discretion of the Commissioner of Trade Marks, and each application will be considered on its own merits.

Agents

About IP Trade marks Practice guidelines Agents
This document provides guidelines on agents under section 190 of the Trade Marks Act 2002. These guidelines do not constrain the judgement and discretion of the Commissioner of Trade Marks, and each application will be considered on its own merits.

Practice notices

About IP Patents Practice notices
List of practice notices published by IPONZ under the Patents Act 2013.

Section 7: Meaning of inventive step

About IP Patents The Patent Examination Manual Section 7: Meaning of inventive step
An invention, so far as claimed in a claim, involves an inventive step if it is not obvious to a person skilled in the art, having regard to any matter which forms part of the prior art base. Compare: Patents Act 1977 s 3 (UK)…

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