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Trade Marks Act 2002

Legal proceedings - Border protection measures - Notice of infringing sign

138: Contents of notice

You could also call this:

"What to include when telling someone about a problem with a sign"

When you want to notify someone about an infringing sign, you need to include certain information in your notice. This notice must have all the required details to support your request. You also need to say how long you want the notice to be active.

The notice can't be active for more than 5 years from when you send it. If the trade mark you're talking about in the notice will expire before those 5 years are up, then your notice can only last as long as the trade mark is still registered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165060.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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137: Notice may be given to chief executive, or

"You can ask Customs to stop goods that copy your trade mark"

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139: Chief executive must accept or decline notice, or

"The boss must say yes or no to a complaint about a wrong sign"

Part 4Legal proceedings
Border protection measures: Notice of infringing sign

138Contents of notice

  1. A notice under section 137 must—

  2. contain particulars in support of the request as may be prescribed; and
    1. specify the period for which the notice is to be in force.

      1. The period referred to in subsection (1)(b) must be—

      2. not longer than 5 years from the date of the notice; or
        1. if the registration of the trade mark to which the notice relates will expire within the period of 5 years from the date of the notice, not longer than the period for which the current registration will last.