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

67: Onus of proof for revocation of registration of trade mark for non-use

You could also call this:

"Who needs to prove a trade mark is being used when someone wants to cancel it"

If someone wants to cancel a trade mark because they think it's not being used, the owner or someone who has permission to use the trade mark needs to defend it. They have to do this within a time set by an official or a court.

To defend the trade mark, they need to do one of two things:

They can show proof that the trade mark is actually being used. This is important if someone is trying to cancel the trade mark because they think it's not being used.

Or, if there's a special reason why the trade mark isn't being used, they need to explain what that reason is.

This helps make sure that trade marks aren't cancelled unfairly, and gives the owners a chance to explain why their trade mark should stay registered even if it's not being used right now.

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This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164641.

Topics:

Business > Intellectual propertyMāori affairs > Te reo Māori

66: Grounds for revoking registration of trade mark, or

"Reasons why you might lose your trade mark"

68: Revocation of registration of trade mark, or

"Erasing a brand's special name from the official list"

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

67Onus of proof for revocation of registration of trade mark for non-use

If an owner or a licensee intends to oppose an application for the revocation of the registration of a trade mark under section 66(1)(a), the owner or the licensee must, within the period specified by the Commissioner or the court,—
provide proof of the use of the trade mark if the ground in section 66(1)(a) forms the basis for the application; or
raise the special circumstances that justify the non-use of the trade mark if section 66(2) applies.

Notes

Section 67: amended, on 16 September 2011, by section 8(1) of the Trade Marks Amendment Act 2011 (2011 No 71).
Section 67(a): replaced, on 16 September 2011, by section 8(2) of the Trade Marks Amendment Act 2011 (2011 No 71).