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Trade Marks Act 2002

Administrative provisions and miscellaneous - Miscellaneous - Service of notices

197: Method of service of notices

You could also call this:

"How people can give you official notices about trademarks"

When someone needs to give you a notice or document because of this law, they can do it in different ways. They can hand it to you or someone who works for you. They can leave it at your home or work. They can send it to you in the mail. They can also email it to you.

If you have died, they can give the notice to the person who is taking care of your things.

If they send you something in the mail, it's counted as delivered when it would normally arrive. They just need to show they sent it to the right address.

If they email you something, it's counted as received two working days after they sent it. They just need to show they sent it to the right email address.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165249.

Topics:
Business > Intellectual property
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Part 5Administrative provisions and miscellaneous
Miscellaneous: Service of notices

197Method of service of notices

  1. A notice or any other document that is required or authorised by this Act to be served on or given to a person may be served or given by—

  2. delivering it to the person or the person's agent; or
    1. leaving it at the person's or the person's agent's usual or last known residence or business; or
      1. posting it in a letter addressed to the person or the person's agent by name at that residence or business address; or
        1. emailing it to the person or the person’s agent at an email address that is used by the person or the person’s agent.

          1. If the person is deceased, a notice or other document may be served on or given to the person's personal representative.

          2. A notice or any other document that is sent to a person by post must be treated as received by the person when it would have been delivered in the ordinary course of post, and, in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted.

          3. In the absence of proof to the contrary, a notice or any other document that is emailed to a person must be treated as received by the person on the second working day after the date on which it is emailed, and, in proving that the document was emailed, it is sufficient to prove that the document was properly addressed and sent to the email address.

          Notes
          • Section 197(1)(c): amended, on , by section 81(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
          • Section 197(1)(d): inserted, on , by section 81(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).
          • Section 197(3): amended, on , by section 81(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).
          • Section 197(4): inserted, on , by section 81(4) of the Electronic Interactions Reform Act 2017 (2017 No 50).