20Trade mark that contains geographical indication must not be registered in certain circumstances

1. The Commissioner must not register a trade mark if—

2. a registered geographical indication for a wine, spirit, or other good exists under the Geographical Indications Registration Act 2006 and—
   1. the trade mark contains the registered geographical indication for a wine, spirit, or other good; and
   2. the trade mark relates to a wine, spirit, or other good that does not originate in the place of geographical origin to which the registered geographical indication relates; and
   3. the use of the trade mark is likely to deceive or confuse; or
3. an application for registration of a New Zealand or foreign geographical indication for a wine or spirit has been made in good faith under the Geographical Indications Registration Act 2006 and—
   1. the trade mark contains the geographical indication that is the subject of the application for registration; and
   2. the trade mark relates to a wine or spirit that does not originate in the place of geographical origin to which the geographical indication relates; and
   3. the use of the trade mark is likely to deceive or confuse; and
   4. if registered, the deemed date of registration of the geographical indication is earlier than the deemed date of registration of the trade mark (if registered); or
4. the Registrar of Geographical Indications has given public notice of the proposed registration or change to registration of an EU FTA geographical indication under section 58(2)(a) of the Geographical Indications Registration Act 2006 and—
   1. the trade mark contains the geographical indication that is the subject of the proposed registration or change to registration; and
   2. the trade mark relates to a wine, spirit, or other good that does not originate in the place of geographical origin to which the geographical indication relates; and
   3. the use of the trade mark is likely to deceive or confuse; and
   4. if the geographical indication is registered or changed, the deemed date of registration is earlier than the deemed date of registration of the trade mark (if registered).

5. This section does not apply if the Commissioner or the court, as the case may be, considers that a case of honest concurrent use exists that, in the opinion of the Commissioner or the court, makes it proper for the trade mark to be registered, subject to any conditions that the Commissioner or the court may impose.