Trade Marks Act 2002

Legal proceedings - Border protection measures - Notice of infringing sign

140: Duration of accepted notice

You could also call this:

"How long a notice about a copying sign lasts and ways it can end early"

When you give a notice about an infringing sign, it stays active for as long as you say it should in the notice. But there are some ways it can end earlier:

  1. You can cancel it by writing a new notice.
  2. A court can decide to end it during a special kind of legal case.
  3. If the trade mark the notice is about gets cancelled, taken away, declared not valid, or runs out of time, then the notice ends too.

Also, if your notice gets paused for any reason, it won't be active during that time. The law calls this a 'suspension'.

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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=DLM165062.


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139C: Chief executive may reinstate accepted notice, or

"The boss can let a notice work again if the reasons for stopping it are gone"


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141: Licensee may require notice, or

"You can ask the trade mark owner to tell others not to copy it"

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

140Duration of accepted notice

  1. An accepted notice remains in force for the period specified in the notice unless—

  2. it is revoked by the claimant by notice in writing; or
    1. the court orders, in proceedings under section 153, that the notice be discharged; or
      1. registration of the trade mark to which the notice relates has been cancelled, revoked, declared invalid, or has expired.
        1. However, an accepted notice is not in force during the period of any suspension under section 139A.

        Notes
        • Section 140: replaced, on , by section 22 of the Trade Marks Amendment Act 2011 (2011 No 71).