17 May 2011
SAMBBASIVAM v CHETTY AND RAMANATHAN HC WN CIV-2010-485-1931
- Citation
- openlaw-cfb79d94_df4b_4e83_87ec_8958f1d8a61c.pdf
- Court
- High Court
The Assistant Commissioner properly refused to admit the late statutory declaration for failure to show genuine and exceptional circumstances; however, on the merits the existing sworn evidence of two deliveries to New Zealand residents, the packaging bearing the Nalli's mark and contextual factors established genuine use of trade mark 607289 in New Zealand in the relevant period and, by s7(3), use of 648960 as well, so the registrations were not liable to revocation.