Trade Marks Amendment Regulations 2012


Trade Marks Amendment 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 section 199 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 Principal regulations

4 Regulation 3 amended (Interpretation)

5 Regulation 4 amended (Documents must be in English or Māori)

6 Regulation 6 amended (Signatures)

7 Regulation 7 amended (Electronic documents)

8 Regulations 8 and 9 replaced

9 Regulation 12 amended (Notice to Commissioner of application to court)

10 Regulations 13 and 14 replaced

11 Regulation 16 amended (Change of address)

12 New regulation 17A inserted (Commissioner may require address for service to be filed)

13 Regulation 22 replaced (Principal of agent must file authority with Commissioner in certain cases)

14 Regulation 23 amended (Commissioner may refuse to recognise person as agent)

15 Regulation 29 amended (Substitution of parties)

16 Regulation 30 amended (Intervention by third party)

17 Regulation 42 amended (Information required in application for registration on filing)

18 Regulation 43 replaced (Additional classes may be added after filing)

19 Regulation 44 amended (Information that must be supplied before acceptance of application)

20 Regulation 48 amended (Registration of trade mark including name or description that may vary in use)

21 Regulation 58 replaced (Applicant may modify documents)

22 Regulation 60 amended (Application for registration without production of letters of administration or probate)

23 Regulation 62 amended (Applicant may request extension of time to comply)

24 New regulation 62A inserted (Applicant for registration of trade mark entitled to 1 extension in certain circumstances)

25 Regulation 65 amended (Notification of withdrawal of application for registration)

26 Regulation 66 amended (Request for alteration of application)

27 Regulation 67 amended (Commissioner must notify applicant of intention to reject alteration)

28 Regulation 69 amended (Commissioner must notify applicant of intention to reject application)

29 Regulation 71 amended (Commissioner must notify applicant of intention to revoke acceptance)

30 Regulation 74 amended (Information required in notice of opposition)

31 Regulation 79 amended (Time for sending counter-statement)

32 Regulation 82 amended (Opponent must file evidence)

33 Regulation 87 amended (Information required for application for rectification)

34 Regulation 88 amended (Owner may oppose rectification)

35 Regulation 90 amended (Applicant for rectification must file evidence)

36 Regulation 95 amended (Information required for application for revocation)

37 Regulation 96 amended (Owner or licensee may oppose revocation by filing counter-statement and evidence of use)

38 Regulation 98 amended (Applicant for revocation for non-use must file evidence)

39 Regulation 103 amended (Applicant for revocation on grounds other than non-use must file evidence)

40 Regulation 107 amended (Information required for application for declaration of invalidity)

41 Regulation 108 amended (Owner may oppose application for declaration of invalidity by filing counter-statement)

42 Regulation 110 amended (Applicant for declaration of invalidity must file evidence)

43 Regulation 113 amended (Voluntary cancellation)

44 Regulation 115 amended (Information required for application for cancellation or alteration)

45 Regulation 116 amended (Owner may oppose cancellation or alteration)

46 Regulation 118 amended (Applicant for cancellation or alteration must file evidence)

47 New regulations 131A to 131C and cross-heading inserted

48 Regulation 133 amended (Application for renewal)

49 Regulation 135 amended (Request for alteration of owner's name or address)

50 Regulation 136 amended (Request to strike out goods or services, or classes of goods or services)

51 Regulation 137 amended (Request for entry, alteration, or removal of memorandum on register)

52 Regulation 138 amended (Notice of voluntary disclaimer of trade mark by owner)

53 New Part 15A inserted

54 Regulation 146 amended (Information required for application to register title to trade mark)

55 Schedule 1 replaced

Schedule 1 replaced

Explanatory note

Administrative information