Subject to subclause (3), all documents filed with the Commissioner must be in English or Māori.

The Commissioner may require a person who files a document in Māori to provide the Commissioner with a translation into English within the time that the Commissioner specifies.

A person may, if it is necessary to do so, file a document that is not in English or Māori (for example, a convention document), but the document must be accompanied by a translation.

A document, including written evidence, or bundle of documents filed with the Commissioner in a proceeding under the Act or these regulations must contain the following information:

In the following cases, a document must be signed for the purposes of these regulations as follows:

A document may be signed in accordance with section 226 of the Contract and Commercial Law Act 2017.

An application made in accordance with these regulations by 2 or more joint applicants, and any document required to be signed that is part of the application, must be signed by each applicant.

Any requirement in these regulations that a document must be in writing is satisfied if the document complies with section 222 of the Contract and Commercial Law Act 2017.

In this regulation,—

Any information or document that a person must or may give to the Commissioner pursuant to any provision of the Act or these regulations must be given to the Commissioner by means of the case management facility.

Despite subclause (2), if the Commissioner is satisfied that a person is unable to access the case management facility because of any exceptional circumstances beyond the person’s control, the Commissioner may approve other means by which the information or document must be given to the Commissioner.

Any information or document that the Commissioner must or may give to a person pursuant to any provision of the Act or these regulations may be given to the person by means of the case management facility.

If the Commissioner gives any information or document to a person by means of the case management facility, the time at which that document or information is given to the person is when the information or document becomes accessible to the person through the case management facility.

A document is filed with the Commissioner when it is received in proper form.

A document is in proper form only if—

If a document is received on a day that is not a working day, or on the day that is the anniversary day for Wellington, the filing date of the document is the next working day.

A request under section 194 of the Act to amend an application, notice, or document must—

The request must contain the following information:

A request to amend a document that is a pleading within the meaning of regulation 11A(1) must comply with this regulation and regulation 11A.

In this regulation, pleading means—

A request under section 194 of the Act to amend a pleading must, in addition to complying with regulation 11, be made prior to the hearing to which the pleading relates.

If a request to amend a pleading is made,—

If the Commissioner intends to allow an amendment to a pleading described in subclause (1)(a) or (b), the Commissioner must give the opposite party an opportunity to file, within a time specified by the Commissioner, an amended counter-statement.

A person who applies to the court under the following sections of the Act must, as soon as practicable, serve the application on the Commissioner:

The party who made the application must, as soon as practicable—

The Commissioner may, if the Commissioner thinks it appropriate, publish any order made by the court on an application or an appeal under the Act.

The following persons must file a notice of address for service with the Commissioner:

For the purpose of any communication with the Commissioner in the name of 2 or more persons with different addresses, the Commissioner may require 1 address for service to be filed.

A person may file a notice of a communication address with the Commissioner for the purpose of receiving general correspondence.

A person who has filed a notice of an address for service or communication address must, if the address has changed, as soon as practicable, file a notice of change of address.

A notice of address or a notice of change of address must—

The Commissioner may, for the purposes of any procedure involving the Commissioner, require the owner of a trade mark or an applicant to file an address for service if the owner or applicant—

An address that is notified to the Commissioner under these regulations must be sufficiently detailed to enable the Commissioner to contact the addressee at that address.

In these regulations, unless the context otherwise requires, agent means a person—

Subject to the scope of the agent’s authority, an agent may act for the agent’s principal (X) in any proceeding in accordance with these regulations or take any step (including signature of documents) on X’s behalf under these regulations.

However, the Commissioner may in any case require that a document that must be signed for the purposes of these regulations be signed by the principal and not by the agent.

The Commissioner satisfies any requirement under these regulations of service on, notice to, or correspondence with a person by serving on, giving notice to, or corresponding with that person’s agent.

Subclause (1) does not apply to the extent that any written authority filed with the Commissioner by the agent’s principal expressly excludes the authority of the agent for any of the matters specified in subclause (1).

This rule applies if—

The Commissioner may, by notice in writing, require X to file with the Commissioner, within the specified time, a written authority in respect of A.

The written authority must—

In subclause (2),—

The Commissioner may refuse to recognise a person as an agent—

If the Commissioner refuses to recognise a person as an agent, the Commissioner must, as soon as practicable, notify that person and that person’s principal in writing.

A principal (X) must, as soon as practicable, give written notice to the Commissioner of the revocation or alteration of the authority of X’s agent (A).

The notice must—

The notice must contain the following information:

Notice to the Commissioner of the revocation or alteration of the authority of an agent is effective—

An agent (A) of a principal (X) may give written notice to the Commissioner of the revocation of A’s authority as X’s agent.

The notice must be signed by the agent and contain the information described in regulation 25(3)(a) to (d).

Notice to the Commissioner of the revocation by the agent of the agent’s authority is effective—

At any stage in a proceeding, the Commissioner may, for the purpose of securing the just, speedy, and inexpensive determination of the proceeding,—

Without limiting the generality of the directions that may be given under subclause (1)(b), the Commissioner may—

The Commissioner must give each party notice of the conference at least 10 working days before the conference.

The parties may attend in person or by a telecommunication link that is acceptable to the Commissioner.

All parties to a proceeding must comply with the directions given by the Commissioner at a case management conference.

If a party (party A) persistently or repeatedly fails to comply with a direction given by the Commissioner at a case management conference (persistent or repeated non-compliance),—

The notification referred to in subclause (2)(c)(ii) must also—

The Commissioner must, as soon as practicable, hold a hearing if a party requires it, and in that case the Commissioner must make a decision only after holding a hearing.

If the Commissioner’s decision is that party A has not satisfied the Commissioner that the party has a reasonable excuse for the party’s persistent or repeated non-compliance,—

For the purpose of subclause (2), it is irrelevant that a failure by a party to comply with a direction is different in any way from a previous or subsequent failure by the party to comply with that direction.

The Commissioner may halt a proceeding, if the Commissioner thinks it appropriate, on the application of a party or on the Commissioner’s own initiative.

The Commissioner may halt the proceeding for the period and on the terms and conditions that the Commissioner thinks appropriate, but must not halt the proceeding for more than 6 months.

The Commissioner may halt the proceeding for further periods, but on each occasion for no more than 6 months.

The Commissioner may at any stage, while the proceeding is halted, recommence the proceeding.

A notice to the Commissioner by a person (S) claiming to be substituted as an applicant under section 192 of the Act or an opponent under section 193, as the case may be, must include the following information:

The notice must be signed by S.

The Commissioner may allow a third party (T) who is not the owner of the trade mark in question, and who satisfies the Commissioner that T has a sufficient interest, to intervene in a proceeding for—

T must apply to intervene by filing with the Commissioner a notice that contains the following information:

The notice must be signed by T.

The Commissioner may allow T to intervene on the terms and conditions (including an undertaking as to costs) that the Commissioner thinks appropriate.

At any stage in a proceeding under the Act or these regulations, the Commissioner may require a party by notice in writing or by direction made at a case management conference to do either of the following things within a time specified by the Commissioner:

The Commissioner may give a notice or make a direction under subclause (1) on the Commissioner’s own initiative or on the application of any party to the proceeding.

If a party (party A) persistently or repeatedly fails to comply with a notice given or direction made by the Commissioner under subclause (1) (persistent or repeated non-compliance),—

The notification referred to in subclause (3)(c)(ii) must also—

The Commissioner must, as soon as practicable, hold a hearing if a party requires it, and in that case, the Commissioner must make a decision only after holding a hearing.

If the Commissioner’s decision is that party A has not satisfied the Commissioner that the party has a reasonable excuse for the party’s persistent or repeated non-compliance,—

For the purpose of subclause (3), it is irrelevant that a failure by a party to comply with a notice or direction is different in any way from a previous or subsequent failure by the party to comply with that notice or direction.

The Commissioner may require that 2 or more proceedings be consolidated on terms that the Commissioner thinks just, or may require them to be heard at the same time or one after the other, or may require any of them to be halted until after the determination of any other of them, if the Commissioner is satisfied—

The Commissioner may, except where these regulations stipulate that time must not be extended, extend the time specified by these regulations for a step to be taken for a period not exceeding 3 months if the Commissioner is satisfied that the extension is reasonable in the circumstances.

The Commissioner may, except where these regulations stipulate that time must not be extended, extend the time specified by these regulations for a step to be taken for any period (whether or not in addition to the period specified in subclause (1)) specified by the Commissioner if the Commissioner is satisfied that there are genuine and exceptional circumstances that justify the extension.

In extending the time for a step to be taken, the Commissioner may stipulate the terms and conditions on which the extension is granted.

If more than 1 extension is granted under subclause (1) in relation to a step to be taken, the total period of those extensions must not exceed 3 months.

A party who files evidence with the Commissioner under the Act or these regulations must, as soon as practicable, send a copy of the evidence to the opposite party and any party intervening.

This regulation and regulation 35 apply to the following proceedings:

A party to a proceeding must not file evidence after the prescribed time unless the party has applied to the Commissioner for permission to file it and the Commissioner allows it.

The Commissioner may allow the evidence to be filed only if—

In this regulation, prescribed time means, in relation to a proceeding to which this regulation applies, the time prescribed in these regulations by which the evidence or type of evidence must be filed.

The application for permission to file evidence out of time must—

The application must contain the following information:

The Commissioner must notify the opposite party of the application, and the opposite party may make submissions to the Commissioner within the time specified by the Commissioner.

The Commissioner must notify the parties of the decision that the Commissioner intends to make on the application.

The notification must—

The Commissioner must, as soon as practicable, hold a hearing if the applicant requests it unless regulation 122(3) applies.

If a party is permitted under regulations 34 and 35 to file evidence in chief out of time, the opposite party may file evidence strictly in reply within 1 month after the date of being notified by the Commissioner that the evidence out of time will be admitted in the proceeding.

The Commissioner may in a proceeding, at the request of a party to the proceeding, accept evidence that the party has filed with the Commissioner in an earlier or existing proceeding.

Any evidence that is accepted for filing under subclause (1) does not have to comply with regulation 5(c).

The Commissioner may require the parties to a proceeding to use their best endeavours—

This regulation applies to the following applications:

If the Commissioner considers that the application is vexatious, the Commissioner must, as soon as practicable, notify the applicant that the Commissioner intends to refuse the application as vexatious.

The notification must—

The Commissioner must, as soon as practicable, hold a hearing if a party requires it, unless regulation 122(3) applies.

An application for preliminary advice under section 16 of the Act or for search of the register must—

An application for preliminary advice or a search of the register must contain the following information:

An applicant may apply in the same application for preliminary advice or a search of the register for a trade mark for goods and services in more than 1 class, but in that case a separate fee is payable for each class.

An applicant for registration of a trade mark is entitled to a refund of the application fee paid if—

An application for registration of a trade mark that is submitted for filing must—

An application that does not comply with subclause (1) is invalid and must not be given a filing date.

An application that complies with subclause (1) must be given a filing date and may be examined.

The application must contain the following information when it is filed:

The information provided under subclause 1(a) relating to the applicant’s address may also contain any or all of the following:

In this regulation, address means a postal address that is sufficiently detailed to enable the Commissioner to contact the applicant at that address.

An applicant for registration of a trade mark may, until the time the application is accepted, apply to the Commissioner for a class or classes to be added.

The Commissioner may allow the addition of a class if—

The Commissioner must not allow an application for addition of a class if the applicant has previously deleted the goods or services to which the additional class relates from the application for registration.

An applicant must supply the following information before the application can be accepted, and may supply it after filing the application:

The Commissioner may request further information from an applicant that will assist in the examination of the application.

A claim for convention priority on the basis of an application for registration in a convention country must be made within 2 working days after the application for registration in New Zealand is filed.

The Commissioner must not extend the time for making a claim for convention priority.

A claim for convention priority made more than 2 working days after the application is filed must not be accepted.

A claim for convention priority must include the following information:

The Commissioner may require an applicant to file, within the time specified by the Commissioner, a certified copy of the convention document.

The Commissioner may refuse an applicant convention priority if the applicant does not comply with a request by the Commissioner under subclause (2).

The Commissioner may register a trade mark that includes the name or description of goods and services for those and other goods and services, if the name or description may vary in use.

The Commissioner may require the applicant to undertake that the name or description will be varied if used for goods and services covered by the specification that are not the named or described goods and services.

Any undertaking must be entered on the register.

If the applicant does not give an undertaking as required, the Commissioner may refuse to register the trade mark for goods and services that are not the named or described goods and services.

An applicant for registration of a trade mark may apply for division from the application of—

An application for division must—

An application for division must contain the following information:

If the Commissioner allows an application for division, the part that is divided out—

An applicant for registration of a trade mark may, instead of striking out items from the specification, apply for division in respect of those items, provided that there is no outstanding application fee for the class or classes in which the items divided out are to be included.

An applicant for registration of a trade mark, or an owner of a trade mark, as the case may be, may apply for the merger of—

The Commissioner may merge the applications or registrations if they—

An application for merger must—

An application for merger must contain the following information:

An application for registration of a certification trade mark must comply with the requirements of regulations 41, 42, and 44.

Within 6 months after the application is filed, the applicant must file, in a form acceptable to the Commissioner, draft regulations governing the use of the trade mark.

After the documents referred to in regulation 57(2) have been filed and until the application for registration is accepted, the applicant may modify the documents in response to any advice the Commissioner may give as to their suitability.

An application for registration of a collective trade mark must—

An application under section 52(1) (which in this regulation is called the section 52 application) of the Act must—

The section 52 application must contain the following information:

Before registering the applicant as the owner of the trade mark, the Commissioner may require the applicant to provide further evidence that the Commissioner considers necessary.

In a notice of non-compliance issued under section 41 of the Act, the Commissioner may specify a deadline of not less than 12 months after the application for registration was filed for—

After each response or amendment by the applicant, the Commissioner may issue a further notice if the application still does not comply with the requirements of the Act, and on each occasion may extend the deadline specified under subclause (1).

Before the deadline for a response to a notice of non-compliance has expired, the applicant for registration may apply to the Commissioner for an extension.

The Commissioner may allow an extension under this regulation, in the Commissioner’s discretion, and may allow subsequent extensions.

The Commissioner must not allow an extension under this regulation if the application for extension is made after the deadline has expired.

A request by an applicant for a hearing if the Commissioner refuses an extension must be made within 10 working days after the Commissioner notifies the applicant of the refusal.

This regulation applies to any deadline for doing anything under these regulations in relation to—

If a deadline to which this regulation applies has expired, an applicant is entitled to an extension of not more than 2 months after that expiry if the applicant—

An applicant is entitled to only 1 extension under this regulation.

An applicant for registration of a trade mark who has been issued with a notice of non-compliance must notify the Commissioner if the application is awaiting the outcome of—

The applicant must notify the Commissioner before the expiry of the date specified in the notice of non-compliance.

An applicant for registration of a trade mark who has notified the Commissioner under regulation 63 must, as soon as practicable, notify the Commissioner of the outcome of the proceeding.

On notice of the outcome of the proceeding, the Commissioner must extend the deadline for compliance by a period that the Commissioner considers reasonable.

An applicant for registration of a trade mark may withdraw the application by notifying the Commissioner in writing.

The notification of withdrawal must contain the following information:

The notification must be signed by the applicant.

A request under section 37 of the Act by an applicant for the registration of a trade mark for the alteration of the application must—

The request for alteration must contain the following information:

The Commissioner must notify the applicant if the Commissioner intends to reject the request for alteration on the ground that, in the Commissioner’s opinion, the alteration materially alters the meaning or scope of the application.

The notification must—

The Commissioner must, as soon as practicable, hold a hearing if the applicant requires it unless regulation 122(3) applies.

The Commissioner must notify the applicant for registration of a trade mark if the Commissioner proposes to reject the application under section 43 of the Act.

The notification must—

The Commissioner must, as soon as practicable, hold a hearing if the applicant requires it unless regulation 122(3) applies.

The Commissioner must notify the applicant for registration of a trade mark if the Commissioner proposes to revoke acceptance of the application under section 42 of the Act.

The notification must—

The Commissioner must, as soon as practicable, hold a hearing if the applicant requires it unless regulation 122(3) applies.

A notice of opposition to an application for registration of a trade mark under section 47 of the Act must—

A notice of opposition to an application for registration of a trade mark must contain the following information:

A party who opposes an application for registration of a trade mark must file a notice of opposition with the Commissioner within 3 months after the date when acceptance of registration was first advertised.

The Commissioner may, if requested, extend the deadline for filing a notice of opposition—

The Commissioner must not extend the deadline if the request for extension is received after the deadline has expired.

A notice of opposition that has been sent to the Commissioner within 6 months after the application for registration in question was filed is deemed to have been sent within the time for sending the notice if the applicant and the opponent each consent.

The Commissioner must, as soon as practicable after a notice of opposition is filed, send a copy of the notice to the applicant for registration.

If an application for registration is opposed by more than 1 opponent, the Commissioner must, as soon as practicable after each notice of opposition is filed, notify each opponent that the notice has been filed.

An applicant for registration to whom a notice of opposition has been sent must file a counter-statement to the notice with the Commissioner within 2 months after the notice was sent to the applicant.

A counter-statement must contain the following information:

The counter-statement must be signed by the applicant.

The Commissioner must, as soon as practicable after a counter-statement is filed, send a copy of the counter-statement to the opponent.

Within 2 months after a copy of the counter-statement is sent to the opponent (O), O must—

The Commissioner must notify the applicant as soon as practicable after O has taken one of the steps under subclause (1)(b) or (c).

An opponent (O) discontinues opposition if—

The applicant may file evidence in support of the application within 2 months after receiving a copy of—

An opponent to an application for registration may, if the applicant has filed evidence, file evidence strictly in reply within 1 month after the opponent has received a copy of the applicant’s evidence.

An application to the Commissioner for rectification of the register under section 76 of the Act must—

The Commissioner must, as soon as practicable, send a copy to the owner of the registered trade mark of an application by another person for rectification.

An application for rectification must contain the following information:

The owner of a trade mark in respect of which another person has applied for rectification may oppose the application by filing a counter-statement with the Commissioner within 2 months after being sent a copy of the application.

If the owner does not file a counter-statement within 2 months, the Commissioner must determine the application on the documents filed by the applicant.

A counter-statement to an application for rectification must include the following information:

The counter-statement must be signed by the owner.

The Commissioner must, as soon as practicable, send a copy of the counter-statement to the applicant.

Within 2 months after being sent a copy of the counter-statement, the applicant (A) must—

The Commissioner must notify the owner as soon as practicable after A has taken one of the steps under subclause (1)(b) or (c).

The applicant (A) discontinues the application if—

The owner may file evidence within 2 months after receiving a copy of—

An applicant for rectification may, if the owner has filed evidence, file evidence strictly in reply within 1 month after the applicant has received a copy of the owner’s evidence.

An application to the Commissioner for revocation of the registration of a trade mark must—

The Commissioner must, as soon as practicable, send a copy of the application to the owner of the trade mark.

An application for revocation must contain the following information:

The owner or licensee of a trade mark that is the subject of an application for revocation for non-use may oppose the application by filing the following documents within 2 months after the owner or licensee has been sent the application:

If the owner or licensee does not, within the period specified, file the counter-statement and, if applicable, evidence of use of the mark or of the special circumstances, the Commissioner must determine the application on the documents filed by the applicant.

The Commissioner must, as soon as practicable, send a copy of the counter-statement and any supporting documents to the applicant.

A counter-statement to an application for revocation of a trade mark on grounds of non-use must contain the following information:

The notice must be signed by the owner or licensee opposing the application.

Within 2 months after being sent a copy of the counter-statement and the evidence of use of the trade mark or special circumstances of the kind referred to in section 66(2) of the Act, the applicant (A) must—

The Commissioner must notify the owner or licensee opposing the application as soon as practicable after A has taken one of the steps under subclause (1)(b) or (c).

A discontinues the application if—

The owner or licensee opposing an application for revocation for non-use may, if the applicant has filed evidence in support of the application, file evidence in support of the registration within 2 months after the owner or licensee has received a copy of the applicant’s evidence.

The applicant for revocation for non-use may, if the owner or licensee has filed evidence in support of the registration, file evidence strictly in reply within 1 month after the applicant has received a copy of the evidence in support of the owner or licensee.

The owner or licensee of a trade mark that is the subject of an application for revocation on grounds other than non-use may oppose the application by filing, within 2 months after the application is sent by the Commissioner, a counter-statement that complies with regulation 102.

The Commissioner must, as soon as practicable, send a copy of the counter-statement to the applicant.

If the owner or licensee does not, within 2 months after the owner or licensee received the application, file the counterstatement the Commissioner must determine the application on the documents filed by the applicant.

A counter-statement to an application for revocation of a trade mark on grounds other than non-use must contain the following information:

The notice must be signed by the owner or licensee opposing the application.

Within 2 months after being sent a copy of the counter-statement, the applicant (A) must—

The Commissioner must notify the owner or licensee opposing the application as soon as practicable after A has taken one of the steps under subclause (1)(b) or (c).

A discontinues the application if—

The owner or licensee opposing an application for revocation on grounds other than non-use may, if the applicant has filed evidence in support of the application, file evidence in support of registration within 2 months after the owner or licensee has received a copy of the applicant’s evidence.

The applicant for revocation on grounds other than non-use may, if the owner or licensee opposing has filed evidence in reply, file evidence strictly in reply within 1 month after the applicant has received a copy of the evidence in support of the owner or licensee.

An application to the Commissioner for a declaration that the registration of a trade mark is invalid must—

The Commissioner must, as soon as practicable, send a copy of the application to the owner of the trade mark.

An application for a declaration of invalidity must contain the following information:

The owner of a trade mark that is the subject of an application to the Commissioner for a declaration of invalidity may oppose the application by filing, within 2 months after the owner has been sent the application, a counter-statement that complies with regulation 109.

If the owner does not, within the period specified, file the counter-statement, the Commissioner must determine the application on the documents filed by the applicant.

The Commissioner must, as soon as practicable, send a copy of the counter-statement to the applicant.

A counter-statement to an application to the Commissioner for a declaration of invalidity must contain the following information:

The counter-statement must be signed by the owner.

Within 2 months after being sent a copy of the counter-statement, the applicant (A) must—

The Commissioner must notify the owner opposing the application as soon as practicable after A has taken one of the steps under subclause (1)(b) or (c).

A discontinues the application if—

The owner opposing an application for a declaration of invalidity may file evidence in support of the registration within 2 months after receiving a copy of—

An applicant for a declaration of invalidity may, if the owner has filed evidence in support of the registration, file evidence strictly in reply within 1 month after the applicant has received a copy of the owner’s evidence.

The owner of a trade mark who voluntarily cancels registration under section 61 of the Act must give notice of the cancellation to the Commissioner.

The notice must—

An application to the Commissioner for cancellation or alteration of registration under section 62, section 63, or section 64 of the Act must—

The Commissioner must, as soon as practicable, send a copy of the application to the owner.

An application for cancellation or alteration of registration under section 62, section 63, or section 64 of the Act must contain the following information:

The owner of a trade mark in respect of which another person has applied for cancellation or alteration of registration under section 62, section 63, or section 64 of the Act may oppose the application by filing a counter-statement with the Commissioner within 2 months after being sent a copy of the application.

If the owner does not file a counter-statement within 2 months, the Commissioner must determine the application on the documents filed by the applicant.

A counter-statement to an application for cancellation or alteration of registration must include the following information:

The counter-statement must be signed by the owner.

The Commissioner must, as soon as practicable, send a copy of the counter-statement to the applicant.

Within 2 months after being sent a copy of the counter-statement, the applicant (A) must—

The Commissioner must notify the owner opposing the application as soon as practicable after A has taken one of the steps under subclause (1)(b) or (c).

The applicant (A) discontinues the application if—

The owner may file evidence within 2 months after receiving a copy of—

An applicant for cancellation or alteration may, if the owner has filed evidence, file evidence strictly in reply within 1 month after the applicant has received a copy of the owner’s evidence.

A hearing may be—

A party may, subject to subclause (3), elect whether to be heard by appearance, by submissions, or on the papers.

If the Commissioner considers that a party has persistently or repeatedly failed, without reasonable excuse, to attend a hearing or to agree to a hearing date, the Commissioner may, in his or her discretion,—

A person (Y) who claims that the proposed exercise by the Commissioner of a power under the Act or the regulations will adversely affect Y must, if Y requires an opportunity to be heard before the power is exercised, file with the Commissioner a notice of a requirement to be heard.

The notice must—

Y must file the notice within 10 working days of the receipt by Y of notification by the Commissioner of the decision that the Commissioner proposes to make.

This regulation does not apply to—

This regulation applies to the following proceedings:

After all the evidence has been filed, the Commissioner may, by correspondence or by holding a pre-hearing conference of the parties, determine—

The Commissioner must give each party to a hearing by appearance notice of the date and venue of the hearing not less than 1 month before the date of the hearing.

Subclause (1) does not apply if—

Each party who wishes to be heard at a hearing must pay a hearing fee.

The fee must be paid,—

In the case of a hearing required under regulation 123, the fee must accompany the filing of the notice of requirement to be heard.

The Commissioner must refund a hearing fee paid by a party who withdraws from the hearing if the Commissioner receives notice of withdrawal not less than 5 working days before the date set for the hearing.

If 1 party is in Wellington, the hearing must be held in Wellington or the place agreed by all the parties as the venue for the hearing.

If no party is in Wellington, the Commissioner must determine where the hearing will be held.

The Commissioner may require the party or parties concerned to pay the Commissioner’s costs in holding the hearing at a venue outside Wellington.

The Commissioner must determine how a hearing by appearance must be conducted.

Members of the public may attend a hearing by appearance, unless the Commissioner decides that it is not appropriate.

The following matters, additional to the matters specified in section 182(a) to (f) of the Act, must be entered on the register for each trade mark:

The certificate of registration of a trade mark issued by the Commissioner must contain the following information:

The certificate of registration may contain any other information that the Commissioner thinks appropriate.

The Commissioner must, on the request of any person, provide that person with any of the following documents:

A request for a document referred to in subclause (1) must—

An owner of a trade mark may apply to the Commissioner for division of registration of the trade mark.

An application for division must—

An application for division of registration must contain the following information:

If the Commissioner allows an application for division of registration, the part that is divided out—

In this regulation, notice means the notice that the Commissioner must send to the owner of a trade mark under section 59(3) of the Act.

The Commissioner must send the notice—

In addition to the matters specified in section 59(3) of the Act, the notice must state the following:

An application for the renewal of the registration of a trade mark must be—

The application must contain the following information:

A request under section 78(a) of the Act for the alteration of the name or address of the owner of a trade mark must—

A request under section 78(b) of the Act that the Commissioner strike out goods or services, or classes of goods or services, must—

A request under section 78(c) of the Act for the entry, alteration, or removal of a memorandum on the register must—

The owner of a trade mark who voluntarily disclaims a right under section 69 of the Act must notify the Commissioner of the disclaimer in writing.