13 Jul 2022
BLINK CAMERAS LTD v FLEXIRENT CAPITAL PTY LTD [2022] NZHC 1653
- Citation
- [2022] NZHC 1653
- Court
- High Court
Owner failed to discharge the onus of proving genuine use for the relevant continuous three‑year period under s 66(1)(a); accordingly revocation was mandatory and, under s 68(2), the Court backdated the cessation of rights to 19 February 2017 because the grounds for revocation existed from that date and backdating was necessary to remove the barrier to the applicant's registration.
- Revocation for non-use
- Backdating revocation under s 68(2)
- Application of s 66(1)(a)
- Barrier to registration under s 25(1)