Trade Marks Act 2002

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

65: Application for revocation of registration of trade mark

You could also call this:

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

If you're not happy with a trade mark that's been registered, you can ask for it to be removed. You can do this by applying to the Commissioner or the court. You need to have a good reason for asking, and these reasons are listed in section 66 of the Trade Marks Act.

The Commissioner or the court can say no to your application if they think you're just trying to cause trouble or waste time. This is called a vexatious application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164639.


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66: Grounds for revoking registration of trade mark, or

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

65Application for revocation of registration of trade mark

  1. An aggrieved person may apply to the Commissioner or the court for the revocation of the registration of a trade mark on any of the grounds set out in section 66.

  2. The Commissioner or the court may refuse any application for the revocation of the registration of a trade mark that is vexatious.

Notes
  • Section 65(1): amended, on , by section 129 of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).