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Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - When registration of trade mark ceases - Invalidity of registration of trade marks

73: Invalidity of registration of trade mark

You could also call this:

"When a trade mark registration can be cancelled"

You can ask the Commissioner or the court to declare that a trade mark registration is not valid. You can do this if you're upset about the registration, including if you're culturally upset. They can say the registration is not valid if the trade mark couldn't be registered under Part 2 when it was first registered.

However, even if a trade mark couldn't be registered at first because it wasn't distinctive enough, it can't be declared invalid if it has become distinctive after it was registered.

The Commissioner or the court can say no to your request if they think you're just trying to cause trouble.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164650.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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72: Rights affected by disclaimer, or

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

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74: Effect of declaration of invalidity, or

"What happens when a trade mark is declared invalid"

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

73Invalidity of registration of trade mark

  1. The Commissioner or the court may, on the application of an aggrieved person (which includes a person who is culturally aggrieved), declare that the registration of a trade mark is invalid to the extent that the trade mark was not registrable under Part 2 at the deemed date of its registration.

  2. Despite subsection (1), the registration of a trade mark that has acquired a distinctive character after its registration must not be declared invalid even though the trade mark was not registrable under section 18(1)(b), (c), or (d) at the deemed date of its registration.

  3. The Commissioner or the court, as the case may be, may refuse any application for a declaration of invalidity that is vexatious.