Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

Legal proceedings - Border protection measures - Notice of infringing sign

141: Licensee may require notice

You could also call this:

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

If you have permission to use someone else's registered trade mark, you can ask the owner to tell others not to use a sign that copies the trade mark. This is called giving notice. You need to check if you and the owner have agreed that you can do this.

If the owner doesn't give notice within two months after you ask, you can do it yourself. You can act as if you were the owner and tell others not to use the copying sign.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165063.

Topics:
Business > Intellectual property
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140: Duration of accepted notice, or

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

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142: Application of sections 143 to 146, or

"Special rules for certain goods"

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

141Licensee may require notice

  1. Subject to agreement between a licensee of a registered trade mark and the owner of the trade mark, a licensee is entitled to require the owner to give notice under section 137 in relation to the trade mark.

  2. If the owner refuses or neglects to do so within 2 months of being so required, the licensee may give notice under that subsection as if he or she were the owner.