Trade Marks (International Registration) Regulations 2012

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Trade Marks (International Registration) Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 5th day of November 2012

His Excellency the Governor-General in Council

Pursuant to sections 199(m) and 199A of the Trade Marks Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.


1 Title

2 Commencement

3 Purpose

4 Application of Trade Marks Regulations and Act to international registrations

5 Interpretation

6 Information or documents must be given through case management facility

Part 1
Preliminary matters

7 Entitlement to protection

8 No division of international registration

9 Effect of protected international trade mark (New Zealand)

10 Holder of international registration may disclaim or limit rights

11 Commissioner may enter security interest on register

12 Priority

Part 2
International registration designating New Zealand

Examination of international registration

13 Commissioner must examine international registration designating New Zealand

14 Where Commissioner considers requirements of regulation 7 not met or partially met

15 Where Commissioner considers requirements of regulation 7 are met

Notice of opposition

16 Notice of opposition


17 Time for sending counter-statement

Notifications of refusal

18 Notifications of refusal


19 When protections apply to trade mark of international registration designating New Zealand

20 Protections

Revocation and invalidity

21 Revocation and invalidity

22 Where, to any extent, protection is cancelled, revoked, declared invalid, altered, or rectified

Importation of infringing goods

23 Importation of infringing goods


24 Offences

25 Offences relating to false representation of trade mark apply to protected international trade mark (New Zealand)

Part 3
Transformation of international registration into national application

26 Definitions

27 Transformation application

28 Date of registration of trade mark registered pursuant to transformation application

29 Procedure on transformation application

Part 4
Replacement of registration by international registration

30 Effects of international registration where trade mark is also registered under Act

Part 5
International applications originating in New Zealand

31 Outline of this Part

32 Eligibility to apply for international registration

33 Application for international registration

34 Functions of Commissioner

35 Time limit for Commissioner to send application to International Bureau

36 Notification to International Bureau

Part 6
Miscellaneous provisions

37 Evidence of certain matters relating to international registration

38 Agents

39 Communication of information to International Bureau

Explanatory note

Administrative information