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Trade Marks Act 2002

Legal proceedings - Civil proceedings for infringement - Who may apply for relief for infringement of registered trade mark

103: Consequences of owner of registered trade mark not bringing proceedings

You could also call this:

"What happens if the owner doesn't protect their trade mark when you ask them to"

If you have permission to use a registered trade mark, you might want the owner to take action if someone else is using it without permission. If you ask the owner to do this, they have two months to start legal proceedings. If they don't do anything in that time, you can take action yourself. You can start legal proceedings as if you were the owner of the trade mark, even though you're not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165001.

Topics:
Business > Intellectual property
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102: Licensee may request owner of registered trade mark to bring proceedings, or

"You can ask the trade mark owner to stop others from using it without permission"

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104: Consequences of licensee commencing proceedings, or

"What happens when someone with permission to use a trade mark takes legal action"

Part 4Legal proceedings
Civil proceedings for infringement: Who may apply for relief for infringement of registered trade mark

103Consequences of owner of registered trade mark not bringing proceedings

  1. If the owner of a registered trade mark refuses or neglects to bring proceedings within 2 months after the licensee requested the owner to bring the proceedings, the licensee may commence proceedings for infringement in the licensee's own name as if the licensee were the owner.