26 Exceptions

The Commissioner must register trade mark A if—


the owner of trade mark B, trade mark C, or trade mark D (as the case may require) consents to the registration of trade mark A; or


the Commissioner or the court, as the case may be, considers that a case of honest concurrent use exists, or other special circumstances exist, that, in the opinion of the court or the Commissioner, makes it proper for the trade mark to be registered subject to any conditions that the court or the Commissioner may impose.

Compare: 1953 No 66 s 17(5)