Trade Marks Act 2002

Registrability of trade marks - Preliminary - Registrability of trade marks: general

13: When trade mark registrable

You could also call this:

"When you can get your trade mark officially listed"

You can register a trade mark for specific goods or services, or for both goods and services. The trade mark can be for one or more classes. To register a trade mark, you need to do three things:

First, you need to apply for the trade mark registration. You must follow the rules set out in the Trade Marks Act when you apply.

Second, you need to pay any fees that are required for the application. These fees are set by the government.

Third, the Commissioner of Trade Marks needs to check that there are no reasons why your trade mark can't be registered. These reasons are listed in the Trade Marks Act.

If you do all these things and the Commissioner is happy that your trade mark meets all the requirements, then you can register your trade mark.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164454.


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12: Rights that attach to application, or

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


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13A: Trade mark not registrable if related certification trade mark owned, or

"You can't have a normal trade mark if you already have a special quality-check trade mark for the same things"

Part 2Registrability of trade marks
Preliminary: Registrability of trade marks: general

13When trade mark registrable

  1. If all the requirements set out in subsection (2) are met, a trade mark is registrable under this Act in respect of the following:

  2. particular goods or services within 1 or more classes:
    1. particular goods and services within 1 or more classes.
      1. The following requirements must be met:

      2. an application for the registration of the trade mark must be made in accordance with this Act:
        1. all prescribed fees, if any, must be paid in respect of the application:
          1. the Commissioner must be satisfied that there are no absolute or relative grounds set out in this Part that would prevent the registration of the trade mark.