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Trade Marks Act 2002

Administrative provisions and miscellaneous - Miscellaneous - Transitional and savings provisions

203: Transitional provision for certain applications and proceedings

You could also call this:

"Handling old trade mark applications and issues under the previous law"

Even though the Trade Marks Act 1953 has been replaced, it still applies in some situations. You need to know about these situations if you're dealing with trade marks.

If you sent an application to register a trade mark before the new law started, the old law still applies. This includes any issues that might come up about your application, even if they happen after the new law started.

The old law also applies if you asked to change, renew, transfer, remove, or cancel a registered trade mark before the new law began.

If any legal matters about trade marks started before the new law came into effect, they will still be handled under the old law.

However, these rules don't apply to special trade marks called 'defensive trade marks'.

There's one exception: if you want to transfer your application for a trade mark registration to someone else, the new law applies, not the old one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165259.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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202: Repeal of Trade Marks Act 1953, or

"The old Trade Marks Act is cancelled, but some rules from it still work"

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204: Transitional provision for notices given under section 54B of Trade Marks Act 1953, or

"Old notices about trade marks are still valid under the new law"

Part 5Administrative provisions and miscellaneous
Miscellaneous: Transitional and savings provisions

203Transitional provision for certain applications and proceedings

  1. Despite its repeal, the Trade Marks Act 1953 continues in force and applies in respect of—

  2. an application for the registration of a trade mark that was received by the Commissioner before the commencement of this Act until the trade mark is registered and any proceedings related to that application, whether or not the proceedings were commenced before the commencement of this Act:
    1. an application for the alteration, renewal, assignment, expunction, or cancellation of a registered trade mark that was received by the Commissioner before the commencement of this Act:
      1. any proceedings that were commenced under that Act before the commencement of this Act.

        1. This section does not apply to applications in respect of defensive trade marks.

        2. Subsection (1)(a) does not apply in respect of an assignment or transmission of an application for the registration of a trade mark under section 12.