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

64: Cancellation or alteration of registration of collective trade mark

You could also call this:

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

You can ask the Commissioner to cancel or change a collective trade mark in the register. The Commissioner can also do this on their own. There are three reasons why this might happen:

  1. If the group that owns the trade mark is doing something against the law.

  2. If the group that owns the trade mark doesn't exist anymore.

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

The Commissioner will look at these reasons and decide whether to cancel or change the trade mark in the register.

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 It might be out of date or be missing some parts.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=DLM164637.


Previous

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

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


Next

65: Application for revocation of registration of trade mark, or

"How to ask for a trade mark to be taken off the register"

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

64Cancellation or alteration of registration of collective trade mark

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

  2. that the collective association concerned is an unlawful association under any enactment; or
    1. that the collective association concerned no longer exists; or
      1. that it is not in the public interest for the trade mark to be registered.