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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

72: Rights affected by disclaimer

You could also call this:

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

When someone gives up their rights to a part of their trade mark, it only affects the rights they got from registering that specific part of the trade mark. This means that if you own a trade mark and decide to give up your rights to a certain part of it, you're only letting go of the rights you got when you registered that particular bit. It doesn't change any other rights you might have for the rest of your trade mark.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164648.

Topics:
Business > Intellectual property
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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"

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73: Invalidity of registration of trade mark, or

"When a trade mark registration can be cancelled"

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

72Rights affected by disclaimer

  1. A disclaimer on the register affects only those rights of the owner of a trade mark that arise out of the registration of the trade mark in respect of which the disclaimer is made.