Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - When registration of trade mark ceases - Mandatory cancellation or alteration of registration of trade mark

62: Cancellation or alteration of registration of trade mark for breach of condition

You could also call this:

"Commissioner or court can remove or change your trade mark if you break the rules"

If you don't follow a rule about your trade mark that's written in the official register, someone can ask for your trade mark to be cancelled or changed. This person needs to be upset about the situation. The Commissioner, who is in charge of trade marks, can also decide to do this on their own. Either the Commissioner or a court can make this decision. They can cancel your trade mark completely or make changes to it.

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 It might be out of date or be missing some parts.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=DLM164635.

Topics:
Business > Intellectual property
Previous

61: Voluntary cancellation of registration of trade mark, or

"Owners can choose to remove their trade mark from the register"

Next

63: Cancellation or alteration of registration of certification trade mark, or

"Change or remove a special trade mark if it's not working properly"

Part 3Process for obtaining registration of trade mark and other matters
When registration of trade mark ceases: Mandatory cancellation or alteration of registration of trade mark

62Cancellation or alteration of registration of trade mark for breach of condition

  1. The Commissioner or the court, as the case may be, may, on the application of an aggrieved person or on the Commissioner's own motion, make an order that cancels or alters the registration of a trade mark on the ground of failure to comply with a condition entered on the register in relation to the trade mark.