Trade Marks Act 2002

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Subpart 2—Absolute grounds for not registering trade mark

17 Absolute grounds for not registering trade mark: general

(1)

The Commissioner must not register as a trade mark or part of a trade mark any matter—

(a)

the use of which would be likely to deceive or cause confusion; or

(b)

the use of which is contrary to New Zealand law or would otherwise be disentitled to protection in any court; or

(c)

the use or registration of which would, in the opinion of the Commissioner, be likely to offend a significant section of the community, including Māori.

(2)

The Commissioner must not register a trade mark if the application is made in bad faith.

(3)

Despite subsection (1)(b), the Commissioner may register a trade mark even if use of the trade mark is restricted or prohibited under the Smokefree Environments and Regulated Products Act 1990.

Compare: 1953 No 66 s 16

Section 17: replaced, on 15 December 2005, by section 3 of the Trade Marks Amendment Act 2005 (2005 No 116).

Section 17(3): amended, on 11 November 2020, by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).