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Trade Marks Act 2002

Registrability of trade marks - Preliminary - Registrability of trade marks: general

13A: Trade mark not registrable if related certification trade mark owned

You could also call this:

"You can't have a normal trade mark if you already have a special quality-check trade mark for the same things"

If you own a certification trade mark for certain goods or services, you can't register a regular trade mark for the same kind of goods or services. A certification trade mark is a special type of mark that shows goods or services meet certain standards. This rule means you can't have both a certification trade mark and a regular trade mark for the same things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS304826.

Topics:
Business > Intellectual property
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13: When trade mark registrable, or

"When you can get your trade mark officially listed"

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14: Additional provisions that relate to registrability of certification trade marks, or

"Special rules for registering certification trade marks that show approval"

Part 2Registrability of trade marks
Preliminary: Registrability of trade marks: general

13ATrade mark not registrable if related certification trade mark owned

  1. If a person owns a certification trade mark in respect of goods or services, a trade mark in respect of goods or services of the kind certified must not be registered in the name of that person.

Notes
  • Section 13A: inserted, on , by section 125 of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).