Part 2Registrability of trade marks
Absolute grounds for not registering trade mark
17Absolute grounds for not registering trade mark: general
The Commissioner must not register as a trade mark or part of a trade mark any matter—
- the use of which would be likely to deceive or cause confusion; or
- the use of which is contrary to New Zealand law or would otherwise be disentitled to protection in any court; or
- 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.
The Commissioner must not register a trade mark if the application is made in bad faith.
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).