Trade Marks Amendment Act 2011

Reprint as at 7 October 2011

Trade Marks Amendment Act 2011

Public Act2011 No 71
Date of assent15 September 2011
Commencementsee section 2
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Economic Development.

Contents

1  Title

2  Commencement

3  Principal Act amended

4  Interpretation

5  Classification of trade marks

6  New section 53 substituted

53 Reissuing certificate of registration

7  Grounds for revoking registration of trade mark

8  Onus of proof for revocation of registration of trade mark for non-use

9  Alteration of register

10  Section 81 repealed

11  Registration of title to trade mark

12  Heading above section 83 and sections 83, 84, 86, and 87 repealed

13  No infringement for honest practices

14  No infringement for certain continuous use of unregistered trade mark

15  New section 97 substituted

97 No infringement for use in relation to certain identical or similar goods

16  New section 97A substituted

97A Exhaustion of rights conferred by registered trade mark

17  Application of Criminal Justice Act 1985

18  New subpart 2A of Part 4 inserted

Subpart 2A—Enforcement officers

Appointment and functions of enforcement officers

134A Chief executive may appoint enforcement officers

134B Authority to act as enforcement officer

134C Functions of enforcement officer

Enforcement officer's power of entry and examination without warrant

134D Enforcement officer’s power of entry and examination without warrant

134E What enforcement officer and person assisting may do when exercising power of entry and examination without warrant

Entry and search under search warrant

134F Enforcement officer or member of police may apply for search warrant

134G Application for search warrant

134H Mode of application for search warrant

134I Form and content of search warrant

134J Transmission of search warrant

134K Retention of documents

134L When search warrant is executed

134M Powers of entry and search under warrant

134N Powers of persons called to assist

General provisions that apply to powers of entry and search, and entry and examination

134O Application of sections 134P to 134S

134P Powers and duties of person exercising power of entry and search or power of entry and examination

134Q Inventory of things seized

134R Compliance with certain provisions may be deferred in certain circumstances

134S Further extension to, or dispensation from, obligation to comply with certain provisions

Provisions relating to things seized

134T Period things seized may be retained

134U Application for order to return things seized

134V Disposal of things seized

134W Disposal of perishable things

Other powers of enforcement officers

134X Enforcement officer may apply for production order

134Y Judge may order documents to be produced

134Z Powers of enforcement officer to whom documents produced

134ZA Offence of failing to comply with order to produce documents

Powers of police

134ZB Powers of police

Miscellaneous

134ZC Privilege against self-incrimination

134ZD Other privileges

134ZE Disclosure of information

134ZF No liability if functions performed or powers exercised in good faith

19  Interpretation

20  New section 136 substituted

136 Application of sections 137 to 141

21  New sections 139A to 139C inserted

139A Chief executive may suspend accepted notice

139B Notice of suspension

139C Chief executive may reinstate accepted notice

22  Duration of accepted notice

140 Duration of accepted notice

23  New headings and sections 155A to 155K inserted

Enforcement powers of Customs officers

155A Customs officer may seize goods in control of Customs

155B Chief executive may require person to produce documents concerning goods in control of Customs

155C Chief executive may require person to appear and answer questions concerning goods in control of Customs

155D Customs officer may apply for production order

155E Judge may order documents to be produced

155F Powers of Customs officer to whom documents produced

155G Issue of search warrants to Customs officers

155H Privilege against self-incrimination

155I Other privileges

155J Offences

Immunity

155K No liability if powers exercised in good faith

24  New sections 175 to 175C

175 Commissioner and Assistant Commissioners of Trade Marks

175A Functions of Commissioner

175B Powers of Assistant Commissioners

175C Power of Commissioner to delegate

25  Contents of register

26  Regulations

27  New section 199A inserted

199A Regulations: Madrid Protocol

Consequential amendments

28  Amendments to Trade Marks Regulations 2003

135 Request for alteration of owner's name or address

29  Amendments to Trans-Tasman Mutual Recognition Act 1997

Reprint notes

The Parliament of New Zealand enacts as follows: