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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

68: Revocation of registration of trade mark

You could also call this:

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

If there are reasons to cancel the registration of a trade mark, the Commissioner or the court must take action. They will cancel the entire registration if the reasons apply to all the goods or services the trade mark covers. If the reasons only apply to some of the goods or services, they will cancel the registration only for those specific items.

When a trade mark registration is cancelled, the owner's rights end. This can happen on the date when someone asked for the cancellation, or on an earlier date if the Commissioner or court finds that the reasons for cancellation existed before then.

You should know that the Commissioner is a person who manages trade marks, and the court is where legal decisions are made. A trade mark is a special sign or name that a company uses to show that a product or service belongs to them.

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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=DLM164643.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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67: Onus of proof for revocation of registration of trade mark for non-use, or

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

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69: Voluntary disclaimer of trade mark by owner, or

"Owner can choose to let others use part of their trade mark"

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

68Revocation of registration of trade mark

  1. If the Commissioner or the court is satisfied that grounds for revocation of the registration of the trade mark exist, the Commissioner or the court must,—

  2. if the grounds exist in respect of all of the goods or services in respect of which the trade mark is registered, revoke the registration of the trade mark; or
    1. if the grounds exist in respect of only some of the goods or services in respect of which the trade mark is registered, revoke the registration of the trade mark in so far as it relates to those goods or services.

      1. If the registration of a trade mark is revoked to any extent, the rights of the owner, to that extent, cease on—

      2. the date of the application for revocation of the registration of the trade mark; or
        1. if the Commissioner or the court is satisfied that the grounds for revocation of the registration of the trade mark existed at an earlier date, that date.

          Notes
          • Section 68(1): replaced, on , by section 131 of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).