Trade Marks Act 2002

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Subpart 2—Absolute grounds for not registering trade mark

17 Absolute grounds for not registering trade mark: general


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


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


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


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.


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


Despite subsection (1)(b), the Commissioner may register a trade mark even if use of the trade mark is restricted or prohibited under the Smoke-free Environments 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).