Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - Other matters - Alteration in relation to registered trade mark

78: Alteration of register

You could also call this:

"Making changes to your trade mark in the register"

After a trade mark is registered, you can ask the Commissioner to make some changes to the register. These changes can only happen if you own the trade mark.

You can ask the Commissioner to change your name or address on the register if it needs updating.

If you want to remove any goods, services, or types of goods or services that your trade mark covers, you can ask the Commissioner to do this.

You can also ask the Commissioner to add a note about your trade mark. This note can't give you more rights than you already have with your registered trade mark.

If there's already a note about your trade mark, you can ask to change it or remove it. But remember, changing or removing a note can't give you more rights than you already have with your registered trade mark.

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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=DLM164659.


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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"


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78A: Alteration of register concerning certain inconsistent information, or

"Fixing mistakes in trade mark information to match business records"

Part 3Process for obtaining registration of trade mark and other matters
Other matters: Alteration in relation to registered trade mark

78Alteration of register

  1. After the actual date of registration of a trade mark, the Commissioner may,—

  2. at the request of the owner of the trade mark, allow the owner’s name or address to be altered on the register:
    1. at the request of the owner, strike out any goods or services, or classes of goods or services, from those in respect of which the trade mark is registered:
      1. at the request of the owner,—
        1. enter a memorandum that relates to the trade mark, provided that the memorandum does not in any way extend the rights given by the existing registration of the trade mark; or
          1. alter a memorandum, provided that the alteration does not in any way extend the rights given by the existing registration of the trade mark; or
            1. remove a memorandum, provided that the removal does not in any way extend the rights given by the existing registration of the trade mark.
            Notes
            • Section 78(a): replaced, on , by section 9(1) of the Trade Marks Amendment Act 2011 (2011 No 71).
            • Section 78(c): replaced, on , by section 9(2) of the Trade Marks Amendment Act 2011 (2011 No 71).