Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - When registration of trade mark ceases - Renewal of registration

60: Effect of registered-past expiry date status

You could also call this:

"What happens when a trade mark's registration expires but it's still on the list"

A trade mark is considered 'registered-past expiry date' when its registration has expired, but it hasn't been removed from the register yet. When a trade mark is in this state, it's not considered a registered trade mark for some legal purposes, but it is still registered for everything else.

If you renew the trade mark's registration before it's removed from the register, the renewal starts from the day it expired. This means the trade mark is treated as if it was always registered, even during the time it was 'registered-past expiry date'.

Remember, these rules are part of the Trade Marks Act 2002 in New Zealand, which helps protect people's brands and logos.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164631.


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60A: Status of geographical indication removed from register for non-payment of renewal fee, or

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Part 3Process for obtaining registration of trade mark and other matters
When registration of trade mark ceases: Renewal of registration

60Effect of registered-past expiry date status

  1. A trade mark has the status of registered-past expiry date if—

  2. the trade mark’s registration expiry date (referred to in section 59) has passed; but
    1. the trade mark has not yet been removed from the register.
      1. While the trade mark’s status is registered-past expiry date, the trade mark—

      2. is not a registered trade mark for the purposes of subparts 1 to 3 of Part 4; but
        1. is a registered trade mark for all other purposes.
          1. If the trade mark’s registration is renewed before it is removed from the register under section 59(6),—

          2. the renewed registration takes effect from the expiry date (see section 59(1)); and
            1. the trade mark is taken to have remained a registered trade mark for all purposes from that date as if its status had not changed.
              Notes
              • Section 60: replaced, on , by section 128 of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).