Region: New Zealand

Influencers not so influential in trademark opposition

While the opponent was partially successful in its opposition against WOW COLOUR, the evidence relating to hair care influencers was insufficient to establish a reputation for COLOR WOW among the relevant consumers.

03 May 2023

Brand owners are reminded to get it right the first time in revocation actions

In New Zealand revocation proceedings, it is critical to take appropriate steps and lodge relevant evidence in the first instance.

26 April 2023

Trademark case demonstrates difference in evidence admissibility between Australia and New Zealand 

This decision of the assistant commissioner shows just how difficult it is to lodge evidence ‘out of time’.

27 March 2023

Legislation and IP policy watch: the current state of play (January 2023)

WTR’s monthly column tracking trademark and related policy developments, including the progress of major bills, from around the world.

05 January 2023

Energy Beverages v Frucor Suntory: certainty for colour trademarks in New Zealand?

In this dispute between competitors Energy Beverages and Frucor Suntory over the use of the colour green for energy drinks, the Court of Appeal has allowed Frucor’s trademark registration to remain on the register.

14 December 2022

Asia-Pacific IP offices: a year in review and what to expect in 2023

WTR presents insights from representatives at major IP offices across the Asia-Pacific region to share their highlights from 2022 and what trademark practitioners should look out for in the coming months.

08 December 2022

Can anyone ‘own’ BARISTA for milk?

Bidfood Limited has successfully opposed Oatly AB’s application to register BARISTA in relation to milk substitutes, including oat-based drinks.

28 October 2022

IPONZ decision provides excellent guidance on online trademark use

The decision provides a comprehensive guide in relation to online sales and revocation actions in New Zealand.

06 October 2022

The existence of ‘zombie’ marks forces brand owner back to court

A brand owner has had to appeal its own successful non-use revocation action to kill off a ‘zombie’ trademark.

30 August 2022

Decision demonstrates risks if attorneys “go fetch” and lodge their own evidence in trademark proceedings

IP attorneys in New Zealand may find themselves having to prepare and lodge evidence in IP proceedings, which would more suitably be provided by their client directly. This decision in invalidity proceedings against the mark GO FETCH highlights this risk.  

11 August 2022

Unlock unlimited access to all WTR content