19 Dec 2017
S C JOHNSON & SON v INTERNATIONAL CONSOLIDATED BUSINESS [2017] NZHC 3238
- Citation
- [2017] NZHC 3238
- Court
- High Court
Ownership is ordinarily assessed at the date of the application for registration (19 April 2013) but where an opponent's registration is revoked shortly thereafter the Commissioner may properly find special circumstances under s26(b); the Commissioner's s32(1) ownership finding was quashed, the revocation date should be treated as 19 April 2013 for practical purposes, and the matter is referred back to the Commissioner to determine the true owner and issues of prior and genuine use.