Trade Marks Act 2002

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

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

You could also call this:

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

When you have a registered trade mark, there are some important things you need to know about your rights:

Your rights are affected by any conditions that are written in the official register for your trade mark. These conditions might limit what you can do with your trade mark.

You also need to be aware that people can still use registered geographical indications (names that show where a product comes from) even if they are similar to your trade mark.

Your rights start from the day your trade mark is considered to be registered. This is important because it tells you when you can start using your trade mark rights.

If your trade mark has different parts that are also registered separately, you have rights for each of those parts too.

If you own the trade mark with other people, you all need to work together when using the rights. It's like you're all one person when it comes to using the trade mark.

Remember, there's a special rule called section 100 that might change some of these things, so it's a good idea to check that too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164450.


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10: Rights that attach to registered trade marks, or

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


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12: Rights that attach to application, or

"Rights you get when you apply for a trade mark"

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

11Additional matters that relate to rights attaching to registered trade marks

  1. Subject to section 100, the rights referred to in section 10

  2. are subject to any conditions entered on the register in relation to the registered trade mark; and
    1. are subject to any lawful use of a registered geographical indication; and
      1. accrue from the deemed date of registration of the trade mark; and
        1. are conferred in respect of each of the registered trade mark's component parts that are registered as separate trade marks; and
          1. are to be exercised by joint owners, if any, of the registered trade mark as if they were the rights of a single person.
            Notes
            • Section 11(ab): inserted, on , by section 63 of the Geographical Indications (Wine and Spirits) Registration Act 2006 (2006 No 60).