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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

71: Disclaimer of trade mark for public interest reasons

You could also call this:

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

If the person in charge of trade marks or a court thinks it's important for the public, they can make the owner of a trade mark agree to certain things before it can be registered or stay registered. They might ask the owner to say they won't be the only one allowed to use part of the trade mark. Or they might ask the owner to agree to other things that help explain what rights the owner has with the registered trade mark. This is done to make sure the trade mark is fair for everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164647.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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70: Disclaimer of trade mark as condition of not revoking its registration, or

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

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72: Rights affected by disclaimer, or

"How giving up part of your trade mark affects your rights"

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

71Disclaimer of trade mark for public interest reasons

  1. If, in determining whether a trade mark is to be registered or is to remain on the register, the Commissioner or the court considers that there are public interest reasons for doing so, the Commissioner or the court may require, as a condition of its being on the register, that the owner—

  2. disclaims any right to the exclusive use of any part of the trade mark; or
    1. makes any other disclaimer that the Commissioner or the court considers necessary for the purpose of defining the owner's rights under the registration.