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IPONZ changes extension of time practice for filing oppositions

The Trade Marks Hearings Office of the Intellectual Property Office of New Zealand has announced a change in its practice with respect to the time for filing a notice of opposition to the registration of a trade mark.  In The Muir Electrical Company Pty Limited v The Good Guys Group Limited 8/12/09, HC Auckland CIV-2009-404-4965, his Honour Lang J made it clear at [31] that the Commissioner has “no power to extend the date for filing a notice of opposition unless the extension is both requested and granted before the expiry of the three month deadline contained within Regulation 75(1)”.

Following this decision, the Trade Marks Hearing Office has issued a new Practice Note to the effect that any extension of time for filing a notice of opposition made pursuant to regulation 75(2)(a) or 75(2)(b) (including the consent when required) must be received at least five days before the expiry of the relevant deadline, so that the Hearings Office has sufficient time to consider and grant the extension of time request.

Notwithstanding the basis for Muir’s appeal, which related to an extension of time by the respondent (The Good Guys Group Limited) to file evidence in support of its revocation action, and Justice Lang’s findings that the Trade Marks Regulations 2003 contained a significant shift in emphasis so far as the Commissioner’s power to grant extensions of time is concerned, it would appear that the Trade Marks Hearings Office has not yet issued a revised practice concerning granting of general extensions of time in trade mark proceedings (eg the filing of evidence).

This entry was posted by Virginia Beniac-Brooks on Wednesday, March 10th, 2010 at 10:52 am and is filed under New Zealand Trademarks. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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