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Trade Marks Act 2002

Legal proceedings - Border protection measures - Notice of infringing sign

139B: Notice of suspension

You could also call this:

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

If the chief executive decides to suspend a notice that was accepted earlier, they must tell the person mentioned in section 139A(2)(a) about it in writing. This is called a notice of suspension.

The chief executive can give this notice in different ways. They can give it to the person directly, send it by post to the person's most recent address, or email it to an email address the person uses.

If the notice is sent by email, it's considered received by the person two working days after it was sent, unless there's proof that shows otherwise. To prove the notice was emailed, it's enough to show that it was sent to the correct 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=DLM4025675.

Topics:
Business > Intellectual property
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139A: Chief executive may suspend accepted notice, or

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

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139C: Chief executive may reinstate accepted notice, or

"The boss can let a notice work again if the reasons for stopping it are gone"

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

139BNotice of suspension

  1. If the chief executive decides to suspend an accepted notice, the chief executive must give written notice of the suspension to the person referred to in section 139A(2)(a).

  2. The notice of suspension may be given—

  3. 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, a notice of suspension 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 notice was emailed, it is sufficient to prove that the notice was properly addressed and sent to the email address.

        Notes
        • Section 139B: inserted, on , by section 21 of the Trade Marks Amendment Act 2011 (2011 No 71).
        • Section 139B(2)(b): amended, on , by section 78(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
        • Section 139B(2)(c): inserted, on , by section 78(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).
        • Section 139B(3): inserted, on , by section 78(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).