IPONZ has updated its practice guidelines relating to Section 32(1) of the Trade Marks Act 2002, which concerns how a trade mark application is made, and refers to the ownership of the trade mark.

The update clarifies that if an application is made by a person who cannot claim ownership of that trade mark (for example, a nominee company), then that trade mark may be left vulnerable to opposition or invalidity proceedings.

While opposition or invalidity proceedings may be possible, IPONZ will not investigate an applicant’s right to ownership at examination, except in situations where it is apparent that the ownership of the trade mark is at issue.

View the updated Trade Mark practice guideline:

• 2 Filing trade mark applications