Trade Marks Act 2002

Registrability of trade marks - Absolute grounds for not registering trade mark

17: Absolute grounds for not registering trade mark: general

You could also call this:

"Reasons why a trade mark can't be registered"

The Commissioner can't register a trade mark or part of a trade mark if:

You might use it to trick or confuse people.

Using it would go against New Zealand law or a court wouldn't protect it.

The Commissioner thinks using or registering it might upset a big group of people, including Māori.

The Commissioner also can't register a trade mark if someone applies for it in a dishonest way.

Even if the Smokefree Environments and Regulated Products Act 1990 limits or stops the use of a trade mark, the Commissioner can still register it.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164459.


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16: Commissioner's preliminary advice regarding distinctive character of trade mark, or

"Getting early advice on whether your trade mark is unique enough"


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18: Non-distinctive trade mark not registrable, or

"You can't register a name or sign as a trade mark if it doesn't stand out"

Part 2Registrability of trade marks
Absolute grounds for not registering trade mark

17Absolute grounds for not registering trade mark: general

  1. The Commissioner must not register as a trade mark or part of a trade mark any matter—

  2. the use of which would be likely to deceive or cause confusion; or
    1. the use of which is contrary to New Zealand law or would otherwise be disentitled to protection in any court; or
      1. the use or registration of which would, in the opinion of the Commissioner, be likely to offend a significant section of the community, including Māori.
        1. The Commissioner must not register a trade mark if the application is made in bad faith.

        2. Despite subsection (1)(b), the Commissioner may register a trade mark even if use of the trade mark is restricted or prohibited under the Smokefree Environments and Regulated Products Act 1990.

        Notes
        • Section 17: replaced, on , by section 3 of the Trade Marks Amendment Act 2005 (2005 No 116).
        • Section 17(3): amended, on , by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).