Trade Marks Act 2002

Administrative provisions and miscellaneous - Miscellaneous - Substitution

192: Substitution of person other than applicant generally

You could also call this:

"Changing who handles a trade mark request after it's started"

This section talks about how someone else can take over certain applications about trade marks. These applications include asking to cancel or change a trade mark, remove it, declare it invalid, or fix a mistake in the register.

If you start one of these applications, someone else might be allowed to continue it instead of you. This can happen if the right or interest that let you start the application is given to another person after you've filed it. For this to work, the new person needs to tell the Commissioner in writing that they now have this right or interest. They also need to keep the application going and not withdraw it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165240.


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191: Declarations, etc, on behalf of certain persons, or

"Rules for making statements for other people have been removed"


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193: Substitution of person other than opponent on notice of opposition, or

"Changing who can object to someone's trade mark request"

Part 5Administrative provisions and miscellaneous
Miscellaneous: Substitution

192Substitution of person other than applicant generally

  1. This section applies to the following applications:

  2. application for cancellation or alteration under section 62:
    1. application for revocation under section 65:
      1. application for a declaration of invalidity under section 73:
        1. application for rectification of register under section 76.
          1. An application referred to in subsection (1) may proceed in the name of any person other than the applicant if,—

          2. after the applicant has filed the application, the right or interest on which the applicant relied to file the application becomes vested in another person; and
            1. the other person—
              1. notifies the Commissioner in writing that the right or interest is vested in him or her; and
                1. does not withdraw the application.