In Australia, there is no need for a non-use Applicant to
establish "standing", in order to apply for removal of a
trade mark registration on the grounds of non-use. However a recent
New Zealand case reminds brand owners and IP lawyers that the same
situation does not apply in New Zealand. Specifically, in New
Zealand non-use (aka revocation) proceedings, the revocation
applicant must establish that it is a "person
aggrieved".
In Confucius Institute Headquarters v Kiddo Entertainment
Pty. Limited [2021] NZIPOTM 25 (30 August 2021) an initially
unidentified party filed applications for revocation of Confucius
Institute Headquarters' registrations for the HSK word mark and
logo. The original revocation applications did not name the
revocation applicant, nor provide any evidence to support a claim
that the revocation applicant was an aggrieved person as required
under New Zealand law. Eventually, Kiddo Entertainment Pty. Limited
corrected the applications. However, its
