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Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - When registration of trade mark ceases - Rectification of register

76: Rectification or correction of register

You could also call this:

"Fixing mistakes or missing information in the trade mark list"

If you notice a mistake or something missing in the trade mark register, you can ask for it to be fixed. This is called rectification. You can ask for this if the error or omission affects you in some way. You have two options for asking: you can either go to the Commissioner or to the court. However, you can't ask for a fix if it would change whether a trade mark is valid or not. When a mistake is fixed, it's as if it was never there in the first place, unless the Commissioner or court says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164655.

Topics:
Business > Intellectual property
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75: Presumption of validity of registration of trade mark, or

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

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77: Alteration of registered trade mark not permitted, or

"You can't change a trade mark once it's officially registered"

Part 3Process for obtaining registration of trade mark and other matters
When registration of trade mark ceases: Rectification of register

76Rectification or correction of register

  1. A person who has an interest may apply for the rectification of an error or omission in the register.

  2. An application for rectification of the register may be made either to the Commissioner or to the court.

  3. An application for rectification of the register may not be made in respect of a matter that affects the validity of the registration of a trade mark.

  4. The effect of the rectification of the register is that the error or omission concerned is to be treated as if it had never existed unless the Commissioner or the court directs otherwise.