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Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - Registration of trade mark

50: When trade mark must be registered

You could also call this:

"A trade mark gets registered when no one objects or if objections are sorted out"

The law says that when you apply to register a trade mark, the Commissioner must register it if certain things happen. First, the Commissioner needs to have accepted your application. Then, either no one objects to your trade mark within the allowed time, or if someone does object, that objection is sorted out in your favour. Also, the Commissioner must not have changed their mind about accepting your application.

However, even if all these things happen, the Commissioner can't register your trade mark right away. They have to wait at least 6 months from the day you applied before they can register it.

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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=DLM164617.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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49: Commissioner's determination on opposition, or

"The Commissioner decides if a trade mark can be registered after hearing arguments and looking at evidence"

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51: Commissioner's requirements on registration, or

"What happens when your trade mark is accepted"

Part 3Process for obtaining registration of trade mark and other matters
Registration of trade mark

50When trade mark must be registered

  1. Subject to subsection (2), the Commissioner must register a trade mark if the Commissioner has accepted the application for its registration and—

  2. either—
    1. no notice of opposition is given in accordance with section 47; or
      1. all opposition proceedings are withdrawn or decided in favour of allowing registration of the trade mark; and
      2. the Commissioner does not intend to revoke the acceptance of the application.

        1. The Commissioner must not register a trade mark until 6 months after the date of application for registration.