In this guideline
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 60 working days from the date of the hearing. For more information on this and other expected timeframes, please visit our Timeframes page.
The decision of the Assistant Commissioner will be sent to both parties via the IPONZ case management facility.
Appeals
Sections 170 and 171 — New Zealand Legislation
Parties may appeal the Assistant Commissioner’s decision within 20 working days by:
(a) filing a notice of appeal and application for stay of proceedings in the High Court; and
(b) notifying the Commissioner.
If no appeal is filed, the decision of the Commissioner is final, and the Commissioner will alter any entry on the Register accordingly to give effect to the decision.
Stay of proceedings
When filing a notice of appeal, parties should also make an application to the court for a stay of proceedings.
If an order for a stay of proceedings is made, the decision of the Assistant Commissioner will not be implemented unless it is upheld on appeal.
If the Commissioner is not notified of an application or order for stay of proceedings, the decision will be upheld and the Register altered accordingly once the appeal period has ended.
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.
Sign up to the IPONZ email newsletter to ensure you are notified when new decisions are released.