Trade Marks Act 2002

Administrative provisions and miscellaneous - Miscellaneous - Substitution

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

You could also call this:

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

If you oppose someone's application for a trade mark, you can let someone else take over your opposition. This can happen if the reason you opposed the application now belongs to someone else. For example, if you sold your business to someone else, they might want to continue the opposition. To do this, the new person must tell the Commissioner in writing that they now have the right to oppose. They also need to continue with the opposition and not withdraw it. If they do these things, the opposition can carry on under their name instead of yours.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165241.


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192: Substitution of person other than applicant generally, or

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


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194: Amendment of documents other than application, or

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Part 5Administrative provisions and miscellaneous
Miscellaneous: Substitution

193Substitution of person other than opponent on notice of opposition

  1. A notice of opposition to an application under section 47 may proceed in the name of any other person if,—

  2. after the person has given notice, the right or interest on which that person relied to give notice becomes vested in another person; and
    1. that 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 opposition.
        Notes
        • Section 193 heading: amended, on , by section 16 of the Trade Marks Amendment Act 2005 (2005 No 116).