New Zealand Acts

TRADE MARKS ACT 2002 - SECT 25

25 Registrability of identical or similar trade mark

1 The Commissioner must not register a trade mark (
"trade mark A" ) in respect of any goods or services if—

a) it is identical to a trade mark (
"trade mark B" ) belonging to a different owner and that is registered, or has priority under section 34 or section 36 ,—

i) in respect of the same goods or services; or

ii) in respect of goods or services that are similar to those goods and services, and its use is likely to deceive or confuse; or

b) it is similar to a trade mark (
"trade mark C" ) that belongs to a different owner and that is registered, or has priority under section 34 or section 36 , in respect of the same goods or services or goods or services that are similar to those goods or services, and its use is likely to deceive or confuse; or

c) it is, or an essential element of it is, identical or similar to, or a translation of, a trade mark that is well known in New Zealand (
"trade mark D" ), whether through advertising or otherwise, in respect of those goods or services or similar goods or services or any other goods or services if the use of trade mark A would be taken as indicating a connection in the course of trade between those other goods or services and the owner of trade mark D, and would be likely to prejudice the interests of the owner.

2 Section 26 overrides subsection (1).

Note: 1953 No 66 s 17(1), (2)

History: Section 25(1)(a): replaced, on 15 December 2005, by section 5(1) of the Trade Marks Amendment Act 2005 (2005 No 116).   Section 25(1)(b): amended, on 15 December 2005, by section 5(2) of the Trade Marks Amendment Act 2005 (2005 No 116).