67 Onus of proof for revocation of registration of trade mark for non-use

If an owner or a licensee intends to oppose an application for the revocation of the registration of a trade mark under section 66(1)(a), the owner or the licensee must, within the period specified by the Commissioner or the court,—

(a)

provide proof of the use of the trade mark if the ground in section 66(1)(a) forms the basis for the application; or

(b)

raise the special circumstances that justify the non-use of the trade mark if section 66(2) applies.

Section 67: amended, on 16 September 2011, by section 8(1) of the Trade Marks Amendment Act 2011 (2011 No 71).

Section 67(a): replaced, on 16 September 2011, by section 8(2) of the Trade Marks Amendment Act 2011 (2011 No 71).