Jane Glover Barrister – Mediator – Adjudicator

deception and confusion


section 17(1)(a) initial threshold test creeps higher


Section 17(1)(a), which prohibits registration of a trade mark if its use is likely to deceive or cause confusion, is a funny provision in terms of onus. An opponent relying on an earlier mark must meet an initial threshold test of showing that the earlier mark has a sufficient reputation, and if it can do so then the onus of proof flips to the trade mark applicant. Traditionally, that initial...

The secret laws of trade marks part II: specialist goods and services


This post is the second in a two-part series highlighting areas of trade mark law that wouldn’t be easy to find out for the non-expert (Part I, which is about proprietorship, is here).  In Man Truck & Bus AG v Shaanxi Heavy-Duty Automobile Co Ltd [2017] NZHC 2821 Woodhouse J held that the applicant in s 17(1)(a) oppositions involving specialist goods and services will fail automatically...

Jane Glover Barrister – Mediator – Adjudicator

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