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

75: Presumption of validity of registration of trade mark

You could also call this:

"Trade marks are usually considered valid after seven years, with some exceptions"

When a trade mark is registered, you can usually assume it's valid after seven years have passed. This means that once seven years are up, people will think the trade mark is properly registered unless certain things are proven. There are three main reasons why a trade mark might not be valid, even after seven years:

  1. If someone tricked the system to get the trade mark registered, which is called fraud.

  2. If the trade mark shouldn't have been registered in the first place because it didn't meet the rules set out in section 17(1) or (2) of the law.

  3. If there are reasons to cancel the registration, which are listed in section 66 of the law.

So, while a trade mark is usually considered valid after seven years, these three situations can still make it invalid.

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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=DLM164652.


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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

75Presumption of validity of registration of trade mark

  1. The registration of a trade mark is, after the expiration of 7 years from the deemed date of registration, deemed to be valid unless—

  2. the registration was obtained by fraud; or
    1. the trade mark should not have been registered on any of the grounds set out in section 17(1) or (2); or
      1. the registration may be revoked on any of the grounds set out in section 66.
        Notes
        • Section 75(b): amended, on , by section 10 of the Trade Marks Amendment Act 2005 (2005 No 116).