Court of Appeal Wellington
21 February; 4 March 1996
Richardson P, Gault, Henry JJ
21 February; 4 March 1996
Richardson P, Gault, Henry JJ
Company law — Registration — Reinstatement to register — Whether validation following reinstatement extended to actions of third parties — Whether Commissioner of Trade Marks lacked jurisdiction to accept application to extend time for opposing by company which had ceased to be registered but was later reinstated — Companies Act 1955, s 336(7) — Companies Act 1993, s 330(2) — Trade Marks Act 1953, s 27(2).
Trade marks and trade names — Registration — Opposition to application to register — Extension of time for opposing — Whether reg 93 of Trade Marks Regulations 1954 in permitting extensions of time for opposing beyond three months was inconsistent with s 28(1) of the Trade Marks Act 1953 — Trade Marks Act 1953, ss 27(2) and 28(1) — Trade Marks Regulations 1954 (SR 1954/222), regs 36 and 93.
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