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Trade Marks Act 2002

Legal proceedings - Border protection measures - Notice of infringing sign

139A: Chief executive may suspend accepted notice

You could also call this:

"Trade Office can pause a notice if information is wrong or rules aren't followed"

The chief executive can stop accepting a notice if they think the information in it is wrong or out of date. They can also do this if you haven't followed the rules about giving security or money to cover costs.

Before the chief executive stops accepting a notice, they must tell you in writing that they plan to do this. They will explain why and give you at least 20 working days to respond. They will think about what you say before making a decision.

The chief executive can tell you about this by giving you a letter, sending it to your address in the mail, or emailing it to you. If they email you, they will assume you got the message two working days later, unless you can prove you didn't.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4025674.

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139: Chief executive must accept or decline notice, or

"The boss must say yes or no to a complaint about a wrong sign"

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139B: Notice of suspension, or

"The chief executive tells you if they stop a notice they accepted before"

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

139AChief executive may suspend accepted notice

  1. The chief executive may suspend an accepted notice if the chief executive is satisfied that—

  2. the information held in respect of the accepted notice is not correct or is no longer current; or
    1. there has been a failure to comply with a requirement concerning the giving of security or indemnity or both; or
      1. there has been a failure to comply with an obligation under an indemnity given for an amount in respect of the accepted notice.

        1. Before suspending an accepted notice, the chief executive must—

        2. give written advice of the chief executive’s intention to suspend the accepted notice to—
          1. the person who gave the notice under section 137; or
            1. if the chief executive has received notification of an assignment or transmission of the trade mark to which the notice relates, the person notified as the current owner of the trade mark; and
            2. include in or with the advice a statement of the chief executive’s reasons; and
              1. give the person to whom the advice is given not less than 20 working days to respond; and
                1. consider any response made by that person to the chief executive within the time allowed.

                  1. The written advice under subsection (2) may be given—

                  2. by delivering it to that person; or
                    1. by posting it to the most recent address for that person that has been notified to the chief executive; or
                      1. by emailing it to the person at an email address that is used by the person.

                        1. In the absence of proof to the contrary, written advice 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 advice was emailed, it is sufficient to prove that the advice was properly addressed and sent to the email address.

                        Notes
                        • Section 139A: inserted, on , by section 21 of the Trade Marks Amendment Act 2011 (2011 No 71).
                        • Section 139A(3)(b): amended, on , by section 77(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                        • Section 139A(3)(c): inserted, on , by section 77(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                        • Section 139A(4): inserted, on , by section 77(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).