Trade Marks Act 2002

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

42: Revocation of acceptance of application

You could also call this:

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

If you apply to register a trade mark, the Commissioner can take back their acceptance of your application before the trade mark is officially registered. This can happen for two reasons. First, if the Commissioner made a mistake when they accepted your application. Second, if someone else has applied for the same trade mark and their application should be looked at first.

If the Commissioner takes back their acceptance, it's like they never accepted your application in the first place. They will look at your application again as if it's new. The rules for accepting or rejecting applications will apply to your application once more.

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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=DLM164606.


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41: Applicant must be notified of non-complying application, or

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


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43: Rejection of application, or

"When you might not be allowed to register your trade mark"

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

42Revocation of acceptance of application

  1. The Commissioner may revoke the acceptance of an application before the trade mark to which the application relates is registered if the Commissioner is satisfied that—

  2. the application was accepted because of an error or omission made by the Commissioner; or
    1. another application that relates to the trade mark has priority under section 36.
      1. If the Commissioner revokes the acceptance of an application,—

      2. the application is to be treated as if it had not been accepted; and
        1. section 39 again applies to the application.