19 Mar 2019
INTERNATIONAL CONSOLIDATED BUSINESS PTY LTD v S C JOHNSON & SON INC [2019] NZCA 61
- Citation
- [2019] 3NZLR 318
- Court
- Court of Appeal
The Court held that s68(2) does not change the long-established practice permitting an applicant to file for registration prior to the formal order of removal of an earlier registration; Johnson's application of 19 April 2013 was valid and not barred by ICB's registration which was effective as removed from 22 April 2013; prior use that predates the continuous statutory non-use period cannot be relied on to preserve ownership after revocation for non-use; therefore Johnson's application 975954 is to proceed to registration and the High Court's backdating to 19 April 2013 and referral back to…