Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

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

70: Disclaimer of trade mark as condition of not revoking its registration

You could also call this:

"Trade mark can stay if owner agrees not to stop others using certain words"

If there are certain reasons for possibly cancelling a trade mark, the Commissioner or the court can ask the trade mark owner to do something special. They might ask the owner to say they won't try to stop other people from using a specific word or words when selling things or providing services. This is called a disclaimer. If the owner agrees to this, they can keep their trade mark registration. This rule helps make sure trade marks are fair and don't give too much power to one person or company.

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 It might be out of date or be missing some parts.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=DLM164646.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
Previous

69: Voluntary disclaimer of trade mark by owner, or

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

Next

71: Disclaimer of trade mark for public interest reasons, or

"The trade mark office can ask owners to share parts of their trade mark for fairness"

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

70Disclaimer of trade mark as condition of not revoking its registration

  1. If the grounds specified in section 66(1)(c) or (d) exist, the Commissioner or the court may, as a condition of the registration of a trade mark not being revoked, require the owner of the trade mark to disclaim any right to the exclusive use of a word or words in relation to any goods or services.