Trade Marks Act 2002

Administrative provisions and miscellaneous - Commissioner and Assistant Commissioners of Trade Marks

175B: Powers of Assistant Commissioners

You could also call this:

"Assistant Commissioners can do almost everything the Commissioner can do"

You should know about the powers of Assistant Commissioners of Trade Marks in New Zealand. These Assistant Commissioners can do all the jobs that the Commissioner can do under the Trade Marks Act 2002. They have the same responsibilities and powers as the Commissioner. The only thing they can't do is give these powers to someone else, which only the Commissioner can do.

When an Assistant Commissioner does any of these jobs or uses these powers, you can be sure they are allowed to do so. This means you don't need to question whether they have the right to make decisions or take actions related to trade marks.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4025683.


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175A: Functions of Commissioner, or

"The Commissioner's job is to manage trade marks in New Zealand"


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175C: Power of Commissioner to delegate, or

"The Commissioner can give their tasks to others, but stays in charge"

Part 5Administrative provisions and miscellaneous
Commissioner and Assistant Commissioners of Trade Marks

175BPowers of Assistant Commissioners

  1. An Assistant Commissioner of Trade Marks has the functions, duties, and powers of the Commissioner under this Act, other than the power to delegate under section 175C, but is subject to the control of the Commissioner.

  2. The fact that an Assistant Commissioner performs or exercises those functions, duties, and powers is conclusive evidence of the authority to do so.

Notes
  • Section 175B: inserted, on , by section 24 of the Trade Marks Amendment Act 2011 (2011 No 71).