New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint as at 7 October 2011
(SR 2003/187)
Silvia Cartwright, Governor-General
At Wellington this 4th day of August 2003
Present:
Her Excellency the Governor-General in Council
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.
These regulations are administered by the Ministry of Economic Development.
Pursuant to section 199 of the Trade Marks Act 2002, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Part 1
Applications, notices, and requests to Commissioner
4 Documents must be in English or Māori
5 Form of documents filed in proceeding
8 Place where documents may be filed
9 Document filed when received in proper form
Notice of application to court
12 Notice to Commissioner of application to court
13 Notification of address for service
14 Notification of business or residential address
15 Notification of communication address
17 Notice of address or change of address
20 Agent may act on behalf of principal for purposes of regulations
21 Commissioner may serve and give notices to agent
22 Principal of agent must file authority with Commissioner in certain cases
23 Commissioner may refuse to recognise person as agent
24 Commissioner must notify refusal to recognise
25 Notice to Commissioner of revocation or alteration of authority
Part 4
Commissioner's control of proceedings
26 Commissioner may require parties to attend case management conference
27 Commissioner may give directions
28 Commissioner may halt proceeding
30 Intervention by third party
31 Commissioner may require production of documents
32 Commissioner may extend time
33 Party filing evidence must copy evidence to opposite party
35 Application for permission to file evidence out of time
Part 5
Application for preliminary advice or for search of register
37 Application for preliminary advice or for search of register
38 Information required for application for preliminary advice or search of register
39 Application for preliminary advice or search of register for goods and services in more than 1 class
40 Refund of fee if identical or similar trade mark subsequently identified
Part 6
Application for registration of trade mark
41 Mandatory requirements for application for registration
42 Information required in application for registration on filing
43 Additional classes may be added after filing
44 Information that must be supplied before acceptance of application
45 Commissioner may request further information
46 Claim for convention priority must be made when application filed
47 Information required for claim for convention priority
Registration of trade mark including name or description that may vary in use
48 Registration of trade mark including name or description that may vary in use
49 Division of trade mark application
51 Information required for application for division
53 Division instead of striking out
56 Information required for application for merger
Application for registration of certification trade mark
57 Requirements for certification trade mark application
58 Applicant may modify documents
Application for registration of collective trade mark
59 Requirements for collective trade mark application
Application for registration when owner or applicant dies
60 Application for registration without production of letters of administration or probate
Part 7
Procedure after application for registration filed
61 Deadline for response to notice of non-compliance
62 Applicant may request extension of time to comply
63 Applicant must notify Commissioner of related proceeding
64 Applicant must notify Commissioner of outcome of related proceeding
Withdrawal of application for registration
65 Notification of withdrawal of application for registration
Alteration of application for registration
66 Request for alteration of application
67 Commissioner must notify applicant of intention to reject alteration
68 Commissioner must hold hearing if required
Rejection of application for registration
69 Commissioner must notify applicant of intention to reject application
70 Commissioner must hold hearing if required
71 Commissioner must notify applicant of intention to revoke acceptance
72 Commissioner must hold hearing if required
Part 8
Opposition to application for registration
73 Requirements for notice of opposition
74 Information required in notice of opposition
75 Time for filing notice of opposition
76 Notice of opposition sent in time if all parties agree
77 Commissioner must send copy of notice to applicant for registration
78 Commissioner must notify each opponent that notice of opposition filed
79 Time for sending counter-statement
80 Information required in counter-statement
81 Commissioner must send copy of counter-statement to opponent
82 Opponent must file evidence
83 Discontinuance of opposition
84 Applicant may file evidence
86 Application for rectification by Commissioner
87 Information required for application for rectification
88 Owner may oppose rectification
89 Requirements for counter-statement to application for rectification
90 Applicant for rectification must file evidence
91 Discontinuance of application
93 Applicant's evidence in reply
Application to Commissioner for revocation
94 Application to Commissioner for revocation
95 Information required for application for revocation
Opposition to application for revocation for non-use
96 Owner or licensee may oppose revocation by filing counter-statement and evidence of use
97 Requirements for counter-statement to application for revocation for non-use
98 Applicant for revocation for non-use must file evidence
99 Owner or licensee may file evidence
100 Applicant may file evidence in reply
Opposition to application for revocation on grounds other than non-use
101 Owner or licensee may oppose revocation by filing counter-statement
102 Requirements for counter-statement to application for revocation on grounds other than non-use
103 Applicant for revocation on grounds other than non-use must file evidence
104 Person opposing may file evidence in support of registration
105 Applicant may file evidence in reply
Application to Commissioner for declaration for invalidity
106 Application to Commissioner for declaration of invalidity
107 Information required for application for declaration of invalidity
Opposition to application for declaration of invalidity
108 Owner may oppose application for declaration of invalidity by filing counter-statement
109 Requirements for counter-statement to application for declaration of invalidity
110 Applicant for declaration of invalidity must file evidence
112 Applicant may file evidence in reply
Part 12
Cancellation or alteration
Application by aggrieved person for cancellation or alteration of registration
114 Application by aggrieved person for cancellation or alteration
115 Information required for application for cancellation or alteration
Opposition to cancellation or alteration
116 Owner may oppose cancellation or alteration
117 Requirements for counter-statement to application for cancellation or alteration
118 Applicant for cancellation or alteration must file evidence
119 Discontinuance of application
121 Applicant's evidence in reply
123 Hearing before exercise of Commissioner's discretion
124 Hearing in certain proceedings
125 Notice of hearing by appearance
127 Venue for hearing by appearance
128 Conduct of hearing by appearance
129 Additional contents of the register
130 Certificate of registration
131 Certified copy of entry in register
134 Commissioner may specify conditions for restoration to register
135 Request for alteration of owner's name or address
136 Request to strike out goods or services, or classes of goods or services
137 Request for entry, alteration, or removal of memorandum on register
138 Notice of voluntary disclaimer of trade mark by owner
Part 15
Application for conversion of specification
139 Application for conversion of specification
140 Information required for application for conversion
141 Applicant may nominate registration in additional classes
142 Proposed form of conversion
Part 16
Assignment or transmission
143 Request for Commissioner's certificate [Revoked]
144 Information that must be contained in request for certificate [Revoked]
145 Application to register title to trade mark
146 Information required for application to register title to trade mark
146A Form of warrant of appointment of enforcement officer
146B Form of warrant to search place or thing
146C Form of order to produce documents under section 134Y of Act
[Revoked]
[Revoked]
147 Application for registration of licensee [Revoked]
148 Information required for application for registration of licensee [Revoked]
Alteration of registration of licensee
[Revoked]
149 Application for alteration of registration of licensee [Revoked]
150 Information required for application for alteration of registration of licensee [Revoked]
Cancellation of registration of licensee
[Revoked]
151 Application for cancellation of registration of licensee [Revoked]
152 Information required for application for cancellation of registration of licensee [Revoked]
153 Owner must send licensee copy of application to cancel [Revoked]
154 Intervention by owner or licensee [Revoked]
155 Commissioner's powers on application for cancellation or alteration of registration of licensee [Revoked]
Part 18
Border protection measures
156 Form of section 137 notice
157 Evidence in support of claim
158 Notice of assignment, transmission, and other matters
160 Disposal of forfeited goods
160A Form of notice to produce documents concerning goods in control of Customs
160B Form of notice to appear and answer questions concerning goods in control of Customs
160C Form of application by Customs officer for order to produce documents
160D Form of order to produce documents under section 155E of Act
160E Form of application by Customs officer for search warrant
160F Form of warrant to Customs officer to search place or thing
161 Advertisement by Commissioner
162 Commissioner must notify decision
163 Commissioner must give reasons for decision if required
164 Commissioner may waive requirement for information
Part 20
Revocation of regulations
165 Trade Marks Regulations 1954 revoked
166 Trade Marks (Border Protection and Transitional Applications) Regulations 1994 revoked
168 Commissioner may refuse to take step before fee paid
169 Requirement that prescribed fee accompany document to be filed
Schedule 1A
Forms relating to enforcement officers
Schedule 2
Form of notice under section 137 of Trade Marks Act 2002
