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Trade Marks Act 2002

Registrability of trade marks - Relative grounds for not registering trade mark - Registrability of identical or similar trade marks

26: Exceptions

You could also call this:

"When you can register a trade mark even if it's like another one"

You can register a trade mark even if it's similar to another one in some special cases. If the owner of the other trade mark says it's okay, you can register your trade mark. Also, if you can show that you've been using your trade mark at the same time as the other one without trying to trick anyone, you might be able to register it. There might be other special reasons why you can register your trade mark too. If you're allowed to register your trade mark in these cases, you might have to follow some special rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164478.

Topics:
Business > Intellectual property
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25: Registrability of identical or similar trade mark, or

"When can't you register a trade mark that's the same as or similar to another one?"

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27: Registrability of trade mark that contains representation of flag, etc, generally, or

"Rules for using flags or symbols in trade marks"

Part 2Registrability of trade marks
Relative grounds for not registering trade mark: Registrability of identical or similar trade marks

26Exceptions

  1. The Commissioner must register trade mark A if—

  2. the owner of trade mark B, trade mark C, or trade mark D (as the case may require) consents to the registration of trade mark A; or
    1. the Commissioner or the court, as the case may be, considers that a case of honest concurrent use exists, or other special circumstances exist, that, in the opinion of the court or the Commissioner, makes it proper for the trade mark to be registered subject to any conditions that the court or the Commissioner may impose.