Intellectual property
This page contains different parts of laws about Intellectual property, within the topic of Business.
Related Plain Language Law
Trade Marks Act 2002
This law explains what trade marks are and what the rules about them are for
3: Purposes
Trade Marks Act 2002
This law explains what trade marks are and how they work in New Zealand
4: Overview
Trade Marks Act 2002
Explaining important words used in the trade mark law
5: Interpretation
Trade Marks Act 2002
What counts as using a sign for goods or services
6: Meaning of use of sign
Trade Marks Act 2002
What counts as using a trade mark in this law
7: Meaning of use of trade mark
Trade Marks Act 2002
Trade Marks Act 2002
A registered trade mark is something you can own and protect like other property
9: Nature of registered trade mark
Trade Marks Act 2002
Registered trade marks give you special rights to use and share your logo or name
10: Rights that attach to registered trade marks
Trade Marks Act 2002
Extra rules about what you can do with your registered trade mark
11: Additional matters that relate to rights attaching to registered trade marks
Trade Marks Act 2002
Rights you get when you apply for a trade mark
12: Rights that attach to application
Trade Marks Act 2002
When you can get your trade mark officially listed
13: When trade mark registrable
Trade Marks Act 2002
Special rules for registering certification trade marks that show approval
14: Additional provisions that relate to registrability of certification trade marks
Trade Marks Act 2002
Rules for group-owned trade marks
15: Additional provisions that relate to registrability of collective trade marks
Trade Marks Act 2002
Getting early advice on whether your trade mark is unique enough
16: Commissioner's preliminary advice regarding distinctive character of trade mark
Trade Marks Act 2002
Trade Marks Act 2002
Reasons why a trade mark can't be registered
17: Absolute grounds for not registering trade mark: general
Trade Marks Act 2002
Rules for when you can register a trade mark that isn't easily recognisable
Trade Marks Act 2002
You can't register a name or sign as a trade mark if it doesn't stand out
18: Non-distinctive trade mark not registrable
Trade Marks Act 2002
How colour affects whether a trade mark is unique
19: Relevance of colour to distinctive character of trade mark
Trade Marks Act 2002
You can't register a trade mark that uses a special place name if it might confuse people
20: Trade mark that contains geographical indication must not be registered in certain circumstances
Trade Marks Act 2002
You can't claim a chemical's common name as your own brand
21: Trade mark that contains commonly used chemical names must not be registered
Trade Marks Act 2002
Trade Marks Act 2002
Rules for using special words in trade marks
22: Registrability of trade mark that contains certain words
Trade Marks Act 2002
Rules for using someone's name or picture in your trade mark
23: Registrability of trade mark that contains person's name
Trade Marks Act 2002
Rules for trade marks with pictures of the Queen or Royal Family
24: Registrability of trade mark that contains representations of Royal Family
Trade Marks Act 2002
When can't you register a trade mark that's the same as or similar to another one?
25: Registrability of identical or similar trade mark
Trade Marks Act 2002
When you can register a trade mark even if it's like another one
26: Exceptions
Trade Marks Act 2002
Rules for using flags or symbols in trade marks
27: Registrability of trade mark that contains representation of flag, etc, generally
Trade Marks Act 2002
Rules for using other countries' symbols in your trade mark
28: Registrability of trade mark that contains flag, State emblems, etc, of convention country
Trade Marks Act 2002
Rules for using symbols of international groups in trade marks
29: Registrability of trade mark that contains armorial bearings, etc, of certain international organisations
Trade Marks Act 2002
Rules for using country symbols and names on trade marks
30: When emblems, etc, are protected under Paris Convention or TRIPS Agreement
Trade Marks Act 2002
Trade Marks Act 2002
Trade marks are sorted into groups based on what they're used for
31: Classification of trade marks
Trade Marks Act 2002
Trade Marks Act 2002
How to apply for registering your trade mark
32: Application: how made
Trade Marks Act 2002
When more than one person wants to share a trade mark
33: Joint applications
Trade Marks Act 2002
The order in which people ask to have their special names or symbols protected
Trade Marks Act 2002
How the Commissioner decides which trade mark application goes first when they're similar
34: Priority of applications for registration of identical or similar trade marks
Trade Marks Act 2002
The Commissioner tells you where your trade mark application stands in line
35: Commissioner's requirements in relation to applications without priority
Trade Marks Act 2002
Getting special treatment for your trade mark application in New Zealand
36: Priority of application to which convention country application relates
Trade Marks Act 2002
You can take back or change parts of your trade mark request
37: Withdrawal, etc, of application
Trade Marks Act 2002
The Commissioner or court can fix mistakes in trade mark applications, but some rules may limit this
38: When Commissioner or court may amend application
Trade Marks Act 2002
The Commissioner checks if your trade mark application follows the rules
39: Examination of application
Trade Marks Act 2002
The Commissioner checks if your trade mark application follows the rules
40: Acceptance of application
Trade Marks Act 2002
The Commissioner tells you if your application doesn't follow the rules and gives you time to fix it
41: Applicant must be notified of non-complying application
Trade Marks Act 2002
Commissioner can undo approval of trade mark applications before registration
42: Revocation of acceptance of application
Trade Marks Act 2002
When you might not be allowed to register your trade mark
43: Rejection of application
Trade Marks Act 2002
If you don't answer questions about your trade mark request in time, it might be cancelled
44: Abandonment of application
Trade Marks Act 2002
Commissioner must explain their decision about your application if you ask
45: Applicant must be notified of grounds, etc, of conditional acceptance or rejection of application
Trade Marks Act 2002
Telling everyone about a new trade mark request that's been approved
46: Advertisement of accepted application
Trade Marks Act 2002
Trade Marks Act 2002
How to disagree with someone's request for a trade mark
47: Opposition to accepted application
Trade Marks Act 2002
How to respond if someone objects to your trade mark application
48: Applicant's counter-statement
Trade Marks Act 2002
The Commissioner decides if a trade mark can be registered after hearing arguments and looking at evidence
49: Commissioner's determination on opposition
Trade Marks Act 2002
Trade Marks Act 2002
A trade mark gets registered when no one objects or if objections are sorted out
50: When trade mark must be registered
Trade Marks Act 2002
What happens when your trade mark is accepted
51: Commissioner's requirements on registration
Trade Marks Act 2002
Commissioner can help transfer trade marks when the owner dies without official papers
52: Commissioner may dispense with production of probate or letters of administration in certain cases
Trade Marks Act 2002
How to get a new trade mark certificate if you lost yours
53: Replacement of certificate of registration
Trade Marks Act 2002
Trade Marks Act 2002
Rules for using a special mark must be given before approval
54: When regulations that govern use of certification trade mark must be provided
Trade Marks Act 2002
Checking if a special trade mark application follows the rules and is good for everyone
55: Consideration of application for registration of certification trade mark
Trade Marks Act 2002
Rules for using special trademarks must be kept at the NZ trademark office for people to see
56: Approved regulations must be deposited at Intellectual Property Office of New Zealand
Trade Marks Act 2002
Trade Marks Act 2002
Trade marks usually last for 10 years after you register them
57: Duration of registration
Trade Marks Act 2002
How to keep your trade mark going for longer
58: Renewal of registration
Trade Marks Act 2002
How to keep your trade mark active by renewing it
59: Procedure for renewal of registration
Trade Marks Act 2002
What happens when a trade mark's registration expires but it's still on the list
60: Effect of registered-past expiry date status
Trade Marks Act 2002
Owners can choose to remove their trade mark from the register
61: Voluntary cancellation of registration of trade mark
Trade Marks Act 2002
Commissioner or court can remove or change your trade mark if you break the rules
62: Cancellation or alteration of registration of trade mark for breach of condition
Trade Marks Act 2002
Change or remove a special trade mark if it's not working properly
63: Cancellation or alteration of registration of certification trade mark
Trade Marks Act 2002
Removing or changing a group's special logo if there's a problem
64: Cancellation or alteration of registration of collective trade mark
Trade Marks Act 2002
How to ask for a trade mark to be taken off the register
65: Application for revocation of registration of trade mark
Trade Marks Act 2002
Reasons why you might lose your trade mark
66: Grounds for revoking registration of trade mark
Trade Marks Act 2002
Who needs to prove a trade mark is being used when someone wants to cancel it
67: Onus of proof for revocation of registration of trade mark for non-use
Trade Marks Act 2002
Erasing a brand's special name from the official list
68: Revocation of registration of trade mark
Income Tax Act 2007
Money from selling patent applications or rights counts as income
CB 30: Disposal of patent applications or patent rights
Income Tax Act 2007
You can claim tax deductions for unsuccessful patent or design registration applications
DB 37: Expenses in application for patent or design registration
Income Tax Act 2007
Getting money back for inventing and selling patents
DB 38: Patent rights: devising patented inventions
Income Tax Act 2007
Deductions for selling patents or rights acquired since April 1993
DB 40: Patent applications or patent rights acquired on or after 1 April 1993
Income Tax Act 2007
How to claim a deduction for patent applications submitted before April 2005
DZ 15: Patent applications before 1 April 2005
Income Tax Act 2007
Handling patents when couples split property
FB 8: Patent applications and patent rights
Income Tax Act 2007
Things that lose value over time, like copyrights or patents, that you have the right to use
Schedule 14: Depreciable intangible property
Income Tax Act 2007
Tax deductions for unsuccessful plant variety rights applications
DB 40BA: Expenses in application for plant variety rights
Electoral Act 1993
Who owns new ideas created while working for the Electoral Commission?
9A: Ownership of intellectual property developed by delegates of functions or powers
Crimes Act 1961
It's against the law to steal or copy secret business information for personal gain or to harm others.
230: Taking, obtaining, or copying trade secrets
Evidence Act 2006
Keeping conversations with lawyers private
54: Privilege for communications with legal advisers
Fair Trading Act 1986
You can't use fake trademarks when doing business
16: Certain conduct in relation to trade marks prohibited
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