Trade Marks Regulations
The Trade Marks Act 2002 was passed in December 2002 and substantially updates New Zealand's trade mark legislation. The new Trade Marks Act:
- defines the scope of rights protected by trade marks more clearly;
- simplifies and streamlines processes for registering a trade mark;
- introduces some measures to address concerns of Māori over inappropriate registration of Māori text and imagery as trade marks;
- introduces new measures to deter pirating of copyright works and counterfeiting of trade marks;
- strengthens protection for well-known trade marks.
Only the sections relating to the establishment of a Māori Advisory Committee and the making of regulations came into force at the time the Act was passed. The remainder of the Act will not come into force until regulations governing the processes for applications for registration, proceedings and other matters pursuant to the Act are in place.
Areas for which new regulations are proposed include:
- applications for registration of trade marks in multiple classes;
- the merger and division of trade mark applications and the merger of registrations;
- new proceedings for removal of trade marks from the register on the grounds of non-use; and
- a case management system to reduce delays and expense for parties involved in proceedings before the Commissioner of Trade Marks.
The document Proposals for Regulations to Be Made under the Trade Marks Act 2002 sets out these proposals. Submissions closed on 11 June 2003.
Available Documents
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