15 Oct 2020
INTERNATIONAL CONSOLIDATED BUSINESS PROPRIETARY LIMITED v SC JOHNSON & SON INCORPORATED [2020] NZSC 110
- Citation
- [2020] NZSC 110
- Court
- Supreme Court
Court held the register is assessed at the date of entry onto the register but the application date remains relevant because a later registration cannot validly coexist with an earlier registered mark unless the earlier registration is revoked with an effective date preceding the later application or revocation is backdated under s 68(2) or special circumstances under s 26 apply; on facts special circumstances had been found so Johnson's application could proceed and the appeal was dismissed.