Rights that attach to registered trade marks

10 Rights that attach to registered trade marks

(1)

The owner of a registered trade mark has, in relation to all or any of the goods or services in respect of which the trade mark is registered, the rights and remedies provided by this Act and, in particular, has the exclusive right to—

(a)

use the registered trade mark; and

(b)

authorise other persons to use the registered trade mark; and

(c)

assign or transmit the registered trade mark (either in connection with the goodwill of a business or not); and

(d)

give valid receipts for any consideration for any such assignment or transmission.

(2)

For the purposes of subsection (1)(a), a member of a collective association that owns a collective trade mark that is registered in respect of goods or services—

(a)

has, along with the collective association, the exclusive right to use the trade mark in respect of those goods or services; and

(b)

does not have the right to exclude any other members from using the trade mark in respect of goods produced or services provided by the other members.

Compare: 1953 No 66 ss 37(1), (12), 46D, 46I