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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

63: Cancellation or alteration of registration of certification trade mark

You could also call this:

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

The Commissioner can make changes to a certification trade mark's registration. This can happen if someone complains or if the Commissioner decides to do it on their own. They can cancel or change information about the trade mark in the register. They can also change the rules that were filed about the trade mark.

The Commissioner can do this for a few reasons:

If the owner can't properly check the goods or services the trade mark is for anymore.

If the owner hasn't followed the rules they filed.

If having the trade mark registered isn't good for the public.

If changing the rules would be good for the public.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164636.

Topics:
Business > Intellectual property
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62: Cancellation or alteration of registration of trade mark for breach of condition, or

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

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64: Cancellation or alteration of registration of collective trade mark, or

"Removing or changing a group's special logo if there's a problem"

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

63Cancellation or alteration of registration of certification trade mark

  1. The Commissioner may, on the application of an aggrieved person or on the Commissioner's own motion, require that any entry in the register that relates to a certification trade mark be cancelled or altered, or that the deposited regulations be altered, on any of the following grounds:

  2. that the owner is no longer competent to certify any goods or services in respect of which the certification trade mark is registered:
    1. that the owner has not complied with the deposited regulations:
      1. that it is not in the public interest for the trade mark to be registered:
        1. that it is in the public interest to alter the regulations.