Trade Marks Act 2002

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

44: Abandonment of application

You could also call this:

"If you don't answer questions about your trade mark request in time, it might be cancelled"

If the Commissioner sends you a notification about your trade mark application, you need to respond within a specific time. If you don't respond in time, the Commissioner will consider your application abandoned.

However, the Commissioner won't treat your application as abandoned if it's waiting for the results of certain other proceedings. These proceedings could be opposition to an earlier application, or attempts to cancel, revoke, or invalidate an earlier registration.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM164608.


Previous

43: Rejection of application, or

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


Next

45: Applicant must be notified of grounds, etc, of conditional acceptance or rejection of application, or

"Commissioner must explain their decision about your application if you ask"

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

44Abandonment of application

  1. If, within the time specified by the Commissioner, the Commissioner does not receive a response from the applicant to a notification under section 41, the Commissioner must treat the application as abandoned.

  2. The Commissioner must not treat an application as abandoned under subsection (1) if the application is awaiting the outcome of—

  3. opposition proceedings in respect of a prior application; or
    1. cancellation, revocation, or invalidity proceedings in respect of a prior registration.
      Notes
      • Section 44(1): amended, on , by section 4 of the Trade Marks Amendment Act 2012 (2012 No 20).