Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - Applications - Acceptance or rejection of application

41: Applicant must be notified of non-complying application

You could also call this:

"The Commissioner tells you if your application doesn't follow the rules and gives you time to fix it"

If the Commissioner thinks your application doesn't follow the rules, they will tell you. They will give you a chance to respond or fix your application. You can only fix the things mentioned in section 37. The Commissioner will tell you how long you have to do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164605.


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40: Acceptance of application, or

"The Commissioner checks if your trade mark application follows the rules"


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42: Revocation of acceptance of application, or

"Commissioner can undo approval of trade mark applications before registration"

Part 3Process for obtaining registration of trade mark and other matters
Applications: Acceptance or rejection of application

41Applicant must be notified of non-complying application

  1. If the Commissioner considers that an application does not comply with the requirements of this Act, the Commissioner must—

  2. inform the applicant; and
    1. give the applicant an opportunity to respond, or to amend the application by correcting only those matters set out in section 37, within the time specified by the Commissioner.