New Zealand Acts

TRADE MARKS ACT 2002 - SECT 17

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 .

Note: 1953 No 66 s 16

History: 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).