Trade Marks Act 2002

Registrability of trade marks - Preliminary - Rights that attach to registered trade marks

10: Rights that attach to registered trade marks

You could also call this:

"Registered trade marks give you special rights to use and share your logo or name"

When you register a trade mark, you get special rights. These rights apply to the goods or services that your trade mark covers. You have the exclusive right to use your registered trade mark. This means you're the only one who can use it. You can also let other people use your trade mark if you want to. You can sell or give away your trade mark to someone else, and you can do this with or without selling your business. If you sell or give away your trade mark, you can give a valid receipt for any money you get for it.

If you're part of a group that owns a collective trade mark, you have some special rules. You and your group have the exclusive right to use the trade mark for the goods or services it covers. However, you can't stop other members of your group from using the trade mark for their goods or services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164449.


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9: Nature of registered trade mark, or

"A registered trade mark is something you can own and protect like other property"


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11: Additional matters that relate to rights attaching to registered trade marks, or

"Extra rules about what you can do with your registered trade mark"

Part 2Registrability of trade marks
Preliminary: Rights that attach to registered trade marks

10Rights that attach to registered trade marks

  1. The owner of a registered trade mark has, in relation to all or any of the goods or services in respect of which the trade mark is registered, the rights and remedies provided by this Act and, in particular, has the exclusive right to—

  2. use the registered trade mark; and
    1. authorise other persons to use the registered trade mark; and
      1. assign or transmit the registered trade mark (either in connection with the goodwill of a business or not); and
        1. give valid receipts for any consideration for any such assignment or transmission.
          1. For the purposes of subsection (1)(a), a member of a collective association that owns a collective trade mark that is registered in respect of goods or services—

          2. has, along with the collective association, the exclusive right to use the trade mark in respect of those goods or services; and
            1. does not have the right to exclude any other members from using the trade mark in respect of goods produced or services provided by the other members.