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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

74: Effect of declaration of invalidity

You could also call this:

"What happens when a trade mark is declared invalid"

If someone says a trade mark registration is not valid, it means that the trade mark is treated as if it was never registered in the first place. This applies to the parts of the registration that are found to be invalid. The Commissioner can then change the register to show this.

If the trade mark registration is found to be invalid, it doesn't affect any deals or agreements that were made about the trade mark before it was declared invalid. These agreements remain valid and are not changed by the declaration of invalidity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164651.

Topics:
Business > Intellectual property
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73: Invalidity of registration of trade mark, or

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

74Effect of declaration of invalidity

  1. If the registration of a trade mark is declared invalid to any extent,—

  2. the trade mark is, to that extent, to be treated as if it had not been registered; and
    1. the Commissioner may alter the register accordingly.

      1. The validity of any transaction that occurred in respect of a registered trade mark before the registration of the trade mark was declared invalid is not affected.