Trade Marks Act 2002

• Jurisdiction: New Zealand
• Coming into Force: 14 January 2021
• Year: 2002
• Act Number: 49
• Record Number: DLM164239
• Type of Document: Act

Contenidos

• Trade Marks Act 2002
• Contents
• 1 Title
• Part 1
• 2 Commencement
• 3 Purposes
• 4 Overview
• 5 Interpretation
• 6 Meaning of use of sign
• 7 Meaning of use of trade mark
• 7A Transitional, savings, and related provisions
• 8 Act binds the Crown
• Part 2
• Part 1
• 9 Nature of registered trade mark
• 10 Rights that attach to registered trade marks
• 11 Additional matters that relate to rights attaching to registered trade marks
• 12 Rights that attach to application
• 13 When trade mark registrable
• 13A Trade mark not registrable if related certification trade mark owned
• 14 Additional provisions that relate to registrability of certification trade marks
• 15 Additional provisions that relate to registrability of collective trade marks
• 16 Commissioner's preliminary advice regarding distinctive character of trade mark
• Part 2
• 17 Absolute grounds for not registering trade mark: general
• 18 Non-distinctive trade mark not registrable
• 19 Relevance of colour to distinctive character of trade mark
• 20 Trade mark that contains geographical indication must not be registered in certain circumstances
• 21 Trade mark that contains commonly used chemical names must not be registered
• Part 3
• 22 Registrability of trade mark that contains certain words
• 23 Registrability of trade mark that contains person's name
• 24 Registrability of trade mark that contains representations of Royal Family
• 25 Registrability of identical or similar trade mark
• 26 Exceptions
• 27 Registrability of trade mark that contains representation of flag, etc, generally
• 28 Registrability of trade mark that contains flag, State emblems, etc, of convention country
• 29 Registrability of trade mark that contains armorial bearings, etc, of certain international organisations
• 30 When emblems, etc, are protected under Paris Convention or TRIPS Agreement
• Part 3
• Part 1
• 31 Classification of trade marks
• Part 2
• 32 Application: how made
• 33 Joint applications
• 34 Priority of applications for registration of identical or similar trade marks
• 35 Commissioner's requirements in relation to applications without priority
• 36 Priority of application to which convention country application relates
• 37 Withdrawal, etc, of application
• 38 When Commissioner or court may amend application
• 39 Examination of application
• 40 Acceptance of application
• 41 Applicant must be notified of non-complying application
• 42 Revocation of acceptance of application
• 43 Rejection of application
• 44 Abandonment of application
• 45 Applicant must be notified of grounds, etc, of conditional acceptance or rejection of application
• 46 Advertisement of accepted application
• Part 3
• 47 Opposition to accepted application
• 48 Applicant's counter-statement
• 49 Commissioner's determination on opposition
• Part 4
• 50 When trade mark must be registered
• 51 Commissioner's requirements on registration
• 52 Commissioner may dispense with production of probate or letters of administration in certain cases
• 53 Replacement of certificate of registration
• Part 5
• 54 When regulations that govern use of certification trade mark must be provided
• 55 Consideration of application for registration of certification trade mark
• 56 Approved regulations must be deposited at Intellectual Property Office of New Zealand
• Part 6
• 57 Duration of registration
• 58 Renewal of registration
• 59 Procedure for renewal of registration
• 60 Effect of registered-past expiry date status
• 60A Status of geographical indication removed from register for non-payment of renewal fee
• 61 Voluntary cancellation of registration of trade mark
• 62 Cancellation or alteration of registration of trade mark for breach of condition
• 63 Cancellation or alteration of registration of certification trade mark
• 64 Cancellation or alteration of registration of collective trade mark
• 65 Application for revocation of registration of trade mark
• 66 Grounds for revoking registration of trade mark
• 67 Onus of proof for revocation of registration of trade mark for non-use
• 68 Revocation of registration of trade mark
• 69 Voluntary disclaimer of trade mark by owner
• 70 Disclaimer of trade mark as condition of not revoking its registration
• 71 Disclaimer of trade mark for public interest reasons
• 72 Rights affected by disclaimer
• 73 Invalidity of registration of trade mark
• 74 Effect of declaration of invalidity
• 75 Presumption of validity of registration of trade mark
• 76 Rectification or correction of register
• Part 7
• 77 Alteration of registered trade mark not permitted
• 78 Alteration of register
• 78A Alteration of register concerning certain inconsistent information
• 79 Alteration of certification trade mark regulations
• 80 Advertisement of application for alteration of regulations
• 81 Commissioner's certificate that relates to certain assignments or transmissions
• 82 Registration of title to trade mark
• 83 Application for registration of licensee
• 84 Registration of licensee
• 85 Assigning or transmitting right to use trade mark
• 86...