Trade Marks Act 2002

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

12: Rights that attach to application

You could also call this:

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

When you apply to register a trade mark, you have certain rights. You can give or transfer your application to someone else, even if you applied before this law started. Your application is a type of personal property, which means it belongs to you. If there are any special agreements or rights related to your application, these can be enforced in the same way as agreements about other types of personal property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164452.


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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"


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13: When trade mark registrable, or

"When you can get your trade mark officially listed"

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

12Rights that attach to application

  1. An applicant may assign or transmit the applicant's application (whether made before or after the commencement of this Act).

  2. An application for registration of a trade mark is personal property.

  3. Equities in respect of an application for registration of a trade mark may be enforced in the same way as equities in respect of any other personal property.