(SR 2003/187)
Silvia Cartwright, Governor-General
At Wellington this 4th day of August 2003
Present: Her Excellency the Governor-General in Council
Pursuantto section199 oftheTradeMarksAct2002,HerExcellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
1
2 Commencement 11 3 Interpretation 11
Part 1 Applications, notices, and requests to Commissioner
4 Documents must be in English or Māori 12 5 Form of documents filed in proceeding 12 6 Signatures 12 7 Electronic documents 13
8 Place where documents may be filed 13 9 Document filed when received in proper form 13 10 Filing date 14
11 Request to amend documents 14
Notice of application to court
12 Notice to Commissioner of application to court 14
13 Notification of address for service 15 14 Notification of business or residential address 15 15 Notification of communication address 15 16 Change of address 15 17 Notice of address or change of address 16 18 Sufficiency of address 16
19 Definition of agent 16 20 Agent may act on behalf of principal for purposes of 16 regulations 21 Commissioner may serve and give notices to agent 16 22 Principal of agent must file authority with Commissioner 17 in certain cases 23 Commissioner may refuse to recognise person as agent 17 24 Commissioner must notify refusal to recognise 18 25 Notice to Commissioner of revocation or alteration of 18 authority
Part 6 Application for registration of trade mark
41 Mandatory requirements for application for registration 25 42 Information required in application for registration on 25 filing 43 Additional classes may be added after filing 25 44 Information that must be supplied before acceptance of 26 application 45 Commissioner may request further information 27
46 Claim for convention priority must be made when 27 application filed 47 Information required for claim for convention priority 27
Registration of trade mark including name or description that may vary in use
48 Registration of trade mark including name or description 28 that may vary in use
49 Division of trade mark application 28 50 Application for division 28 51 Information required for application for division 28 52 Effect of division 29 53 Division instead of striking out 29
54 When merger is allowed 29 55 Application for merger 30 56 Information required for application for merger 30
Application for registration of certification trade mark
57 Requirements for certification trade mark application 30 58 Applicant may modify documents 30
Application for registration of collective trade mark
59 Requirements for collective trade mark application 31
Application for registration when owner or applicant dies
60 Application for registration without production of letters 31 of administration or probate
80 Information required in counter-statement 37 81 Commissioner must send copy of counter-statement to 38 opponent
82 Opponent must file evidence 38 83 Discontinuance of opposition 38 84 Applicant may file evidence 39 85 Evidence in reply 39
86 Application for rectification by Commissioner 39 87 Information required for application for rectification 39
88 Owner may oppose rectification 40 89 Requirements for counter-statement to application for 40 rectification
90 Applicant for rectification must file evidence 40 91 Discontinuance of application 41 92 Owner may file evidence 41 93 Applicant’s evidence in reply 41
Application to Commissioner for revocation
94 Application to Commissioner for revocation 41 95 Information required for application for revocation 42
Opposition to application for revocation for non-use
96 Owner or licensee may oppose revocation by filing 42 counter-statement and evidence of use 97 Requirements for counter-statement to application for 43 revocation for non-use
98 Applicant for revocation for non-use must file evidence 43 99 Owner or licensee may file evidence 44 100 Applicant may file evidence in reply 44
Opposition to application for revocation on grounds other than non-use
101 Owner or licensee may oppose revocation by filing 44 counter-statement
102 Requirements for counter-statement to application for 45 revocation on grounds other than non-use
103 Applicant for revocation on grounds other than non-use 45 must file evidence
104 Person opposing may file evidence in support of 46 registration
105 Applicant may file evidence in reply 46
Application to Commissioner for declaration for invalidity
106 Application to Commissioner for declaration of invalidity 46
107 Information required for application for declaration of 46 invalidity
Opposition to application for declaration of invalidity
108 Owner may oppose application for declaration of 47 invalidity by filing counter-statement
109 Requirements for counter-statement to application for 47 declaration of invalidity
110 Applicantfordeclarationofinvaliditymustfileevidence 48 111 Owner may file evidence 48 112 Applicant may file evidence in reply 48
Part 12 Cancellation or alteration
Application by aggrieved person for cancellation or alteration of registration
114 Application by aggrieved person for cancellation or 49 alteration
115 Information required for application for cancellation or 50 alteration
Opposition to cancellation or alteration
116 Owner may oppose cancellation or alteration 50 117 Requirements for counter-statement to application for 50 cancellation or alteration
118 Applicantforcancellationoralterationmustfileevidence 51 119 Discontinuance of application 51 120 Owner may file evidence 51 121 Applicant’s evidence in reply 52
122 Form of hearing 52 123 Hearing before exercise of Commissioner’s discretion 52 124 Hearing in certain proceedings 53 125 Notice of hearing by appearance 53 126 Hearing fee 53 127 Venue for hearing by appearance 54 128 Conduct of hearing by appearance 54
129 Additional contents of the register 54 130 Certificate of registration 55 131 Certified copy of entry in register 55
132 Notice of expiry 56 133 Application for renewal 56
134 Commissioner may specify conditions for restoration to 57 register
135 Request for alteration of owner’s or licensee’s name or 57 address 136 Request to strike out goods or services, or classes of 57 goods or services 137 Request for entry of memorandum on register 58
Part 18 Border protection measures
156 Form of section 137 notice 65 157 Evidence in support of claim 65 158 Notice of assignment, transmission, and other matters 65 159 Security and indemnity 65 160 Disposal of forfeited goods 66
161 Advertisement by Commissioner 66 162 Commissioner must notify decision 66 163 Commissionermustgivereasonsfordecisionifrequired 67 164 Commissioner may waive requirement for information 67
Part 20 Revocation of regulations
165 Trade Marks Regulations 1954 revoked 67 166 Trade Marks (Border Protection and Transitional 67 Applications) Regulations 1994 revoked
167 Amount of fees 67 168 Commissioner may refuse to take step before fee paid 68 169 Requirement that prescribed fee accompany document 68 to be filed 170 Form of payment 68 171 Currency 68
Schedule 2 70 Form of notice under section 137 of Trade Marks Act 2002
These regulations are the Trade Marks Regulations 2003.
These regulations come into force on 20 August 2003.
In these regulations, unless the contextotherwise requires,— Act means the Trade Marks Act 2002 address for service means—
class meansaclassofgoodsorservicesaccordingtotheNice Classification CommissionermeanstheCommissionerofTradeMarks;and
includes an Assistant Commissioner of Trade Marks
communicationaddressmeansanyaddressinoroutsideNew Zealand; and includes an electronic address filingdate meansthedatewhenadocumentisreceivedatthe
Patent Office or an office approved by the Commissioner, as the case may be
hearing has the meaning set out in regulation 122 Nice Classification means the ninth edition of the Nice Classification published on 1 January 2007 under the Nice AgreementConcerningtheInternationalClassificationofGoodsand Services for the Purposes of Registration of Marks
proceeding includesanapplication, request, orhearingin ac
cordance with these regulations register means the register of trade marks kept under section 181 of the Act. Regulation 3 Nice Classification : amended, on 1 January 2007, by regulation
4 of the Trade Marks Amendment Regulations 2006 (SR 2006/360).
Documents
5 Form of documents filed in proceeding A document, including written evidence, or bundle of documents filed with the Commissioner in a proceeding under the Act or these regulations must contain the following information:
Filing documents
8 Place where documents may be filed AdocumentthatmustbefiledwiththeCommissionermaybe filed at—
9 Document filed when received in proper form
10 Filing date If a document is received on a day that is not a working day, or on the day that is the anniversary day for Wellington, the filing date of the document is the next working day.
Amendment of documents
11 Request to amend documents
Notice of application to court
Part 2 Addresses 13 Notification of address for service
Thefollowingpersonsmustfileanoticeofaddressforservice with the Commissioner:
14 Notification of business or residential address Thefollowingpersons must fileanoticeofabusiness or residential address with the Commissioner:
15 Notification of communication address A person may file a notice of a communication address with theCommissionerforthepurposeofreceivinggeneralcorrespondence.
16 Change of address Apersonwhohasfiledanoticeofanaddressforservice,businessorresidentialaddress,orcommunicationaddressmust,if the address has changed, as soon as practicable, file a notice of change of address.
A notice of address or a notice of change of address must—
An address that is notified to the Commissioner under these regulations must be sufficiently detailed to enable the Commissioner to contact the addressee at that address.
Part 3 Agents 19 Definition of agent
In these regulations, unless the context otherwise requires, agent means a person—
The Commissioner may refuse to recognise a person as an agent—
IftheCommissionerrefusestorecogniseapersonasanagent, theCommissionermust,assoonaspracticable,notifythatperson and that person’s principal in writing.
Part 4 Commissioner’s control of proceedings
Case management
| 26 (1) (2) (3) | Commissioner may require parties to attend case management conference At any stage in a proceeding the Commissioner may require thepartiestoattendaconferencetoreviewtheproceedingand the steps that have been or must still be taken. The Commissioner must give each party notice of the conference at least 10 working days before the conference. The parties may attend in person or by a telecommunication link that is acceptable to the Commissioner. |
| 27 | Commissioner may give directions In the course of a case management conference, the Commissioner may give directions for the future conduct of the proceeding that are consistent with the Act and these regulations. |
| Halt in proceedings | |
| 28 (1) | Commissioner may halt proceeding The Commissioner may halt a proceeding, if the Commissioner thinks it appropriate, on the application of a party or on the Commissioner’s own initiative. |
| (2) | TheCommissionermayhalttheproceedingfortheperiodand on the terms and conditions that the Commissioner thinks appropriate, but must not halt the proceeding for more than 6 months. |
| (3) (4) | The Commissioner may halt the proceeding for further periods, but on each occasion for no more than 6 months. The Commissioner may at any stage, while the proceeding is halted, recommence the proceeding. |
| Parties | |
| 29 (1) | Substitution of parties A notice to the Commissioner by a person (S) claiming to be substituted as an applicant under section 192 of the Act or an |
| 19 |
opponentunder section 193,asthe casemaybe,mustinclude the following information:
(2) The notice must be signed by S.
Production of documents
Extension of time
Evidence
33 Partyfilingevidencemustcopyevidencetooppositeparty A party who files evidence with the Commissioner under the Act or these regulations must, as soon as practicable, send a copyoftheevidencetotheoppositepartyandanypartyintervening.
Vexatious applications
Part 5 Application for preliminary advice or for search of register
An application for preliminary advice under section 16 of the Act or for search of the register must—
Anapplicationforpreliminaryadviceorasearchoftheregister must contain the following information:
An applicant may apply in the same application for preliminaryadviceorasearchoftheregisterforatrademarkforgoods and services in more than 1 class, but in that case a separate fee is payable for each class.
An applicant for registration of a trade mark is entitled to a refund of the application fee paid if—
Part 6 Applicationforregistrationoftrademark
Requirements for application
Theapplicationmustcontainthe followinginformationwhen it is filed:
Anapplicantmustsupplythefollowinginformationbeforethe application can be accepted, and may supply it after filing the application:
The Commissioner may request further information from an applicantthatwillassistintheexaminationoftheapplication.
Claim for convention priority
Registration of trade mark including name ordescription that may vary in use
Division
49 Division of trade mark application An applicant for registration of a trade mark may apply for division from the application of—
An application for division must—
51 Information required for application for division An application for division must contain the following information:
52 Effect of division If the Commissioner allows an application for division, the part that is divided out—
53 Division instead of striking out An applicant for registration of a trade mark may, instead of striking out itemsfrom the specification,applyfordivision in respect of those items, provided that there is no outstanding application fee for the class or classes in which the items divided out are to be included.
Merger
(iii) thesamepreviouseditionoftheNiceClassification, as the case may be.
An application for merger must—
56 Information required for application for merger An application for merger must contain the following information:
Application for registration of certificationtrade mark
58 Applicant may modify documents Afterthe documents referred toinregulation 57(2)havebeen filed, and within 12 months after the application for registration was filed, the applicant may modify the documents in response to any advice the Commissioner may give as to their suitability.
Application for registration of collective trademark
59 Requirements for collective trade mark application An application for registration of a collective trade mark must—
Application for registration when owner orapplicant dies
Part 7 Procedure after application for registration filed
Non-compliance
Withdrawal of application for registration
Alteration of application for registration
| 66 | Request for alteration of application |
| (1) | A request under section 37 of the Act by an applicant for the |
| registrationofatrademarkforthealterationoftheapplication | |
| must— | |
| (a) be in writing; and | |
| (b) contain the information set out in subclause (2). | |
| (c) be signed by the applicant. | |
| (2) | Therequestforalterationmustcontainthefollowinginforma |
| tion: | |
| (a) the applicant’s name: | |
| (b) if the applicant has an agent, the agent’s name: | |
| (c) a description or representation of the trade mark: | |
| (d) the application number: | |
| (e) the correction to be made to the application. | |
| 67 | Commissioner must notify applicant of intention to reject |
| alteration | |
| (1) | The Commissioner must notify the applicant if the Commis |
| sionerintendstorejecttherequestforalterationontheground | |
| that, in the Commissioner’s opinion, the alteration materially | |
| alters the meaning or scope of the application. | |
| (2) | The notification must— |
| (a) specify the ground or grounds for the Commissioner’s | |
| opinion; and | |
| (b) advise the applicant that the applicant may require a | |
| hearing; and | |
| (c) specify a period of not less than 1 month after the date | |
| ofthenotificationforthe applicanttorequireahearing; | |
| and | |
| (d) advise the applicant that the Commissioner will reject | |
| the request at the end of that period if the applicant has | |
| not required a hearing. | |
| 68 | Commissioner must hold hearing if required |
| The Commissioner must, as soon as practicable, hold a hear | |
| ing if the applicant requires it, and in that case must decide |
whether to reject the request for alteration only after hearing the applicant.
Rejection of application for registration
TheCommissionermust,assoonaspracticable,holdahearing iftheapplicantrequiresit,andinthatcasemustdecidewhether to reject the application for registration only after hearing the applicant.
Revocation of acceptance
72 Commissioner must hold hearing if required TheCommissionermust,assoonaspracticable,holdahearing iftheapplicantrequiresit,andinthatcasemustdecidewhether to revoke acceptance of the application only after hearing the applicant.
Part 8 Opposition to application for registration
Notice of opposition
73 Requirements for notice of opposition A notice of opposition to an application for registration of a trade mark under section 47 of the Act must—
74 Information required in notice of opposition A notice of opposition to an application for registration of a trade mark must contain the following information:
76 Notice of opposition sent in time if all parties agree AnoticeofoppositionthathasbeensenttotheCommissioner within 6 months after the application for registration in question was filed is deemed to have been sent within the time for sendingthenoticeiftheapplicantandtheopponenteachconsent.
77 Commissioner must send copy of notice to applicant for registration The Commissioner must, as soon as practicable after a notice ofoppositionisfiled,sendacopyofthenoticetotheapplicant for registration.
78 Commissioner must notify each opponent that notice of opposition filed If an application for registration is opposed by more than 1 opponent,theCommissionermust,assoonaspracticableafter eachnoticeofoppositionisfiled,notifyeachopponentthatthe notice has been filed.
Counter-statement
79 Time for sending counter-statement An applicant for registration to whom a notice of opposition has been sent must file a counter-statement to the notice with theCommissionerwithin2monthsaftertheapplicantreceived the notice.
80 Information required in counter-statement
37
81 Commissioner must send copy of counter-statement to opponent The Commissioner must, as soon as practicable after a counter-statement is filed, send a copy of the counter-statement to the opponent.
Evidence
83 Discontinuance of opposition An opponent (O) discontinues opposition if—
84 Applicant may file evidence The applicant may file evidence in support of the application within 2 months after receiving a copy of—
85 Evidence in reply An opponent to an application for registration may, if the applicanthasfiledevidence,fileevidencestrictlyinreplywithin 1 month after the opponent has received a copy of the applicant’s evidence.
Part 9 Rectification 86 Application for rectification by Commissioner
87 Information required for application for rectification Anapplicationforrectificationmustcontainthefollowinginformation:
Opposition to rectification
Evidence
91 Discontinuance of application The applicant (A) discontinues the application if—
92 Owner may file evidence The owner may file evidence within 2 months after receiving a copy of—
93 Applicant’s evidence in reply An applicant for rectification may, if the owner has filed evidence, file evidence strictly in reply within 1 month after the applicant has received a copy of the owner’s evidence.
Part 10 Revocation
Application to Commissioner for revocation
An application for revocation must contain the following information:
Opposition to application for revocation for non-use
Evidence
98 Applicant for revocation for non-use must file evidence
99 Owner or licensee may file evidence The owner or licensee opposing an application for revocation fornon-usemay, iftheapplicanthasfiledevidenceinsupport of the application, file evidence in support of the registration within2monthsaftertheownerorlicenseehasreceivedacopy of the applicant’s evidence.
100 Applicant may file evidence in reply The applicant for revocation for non-use may, if the owner or licensee has filed evidence in support of the registration, file evidence strictly in reply within 1 month after the applicant hasreceivedacopyoftheevidenceinsupportoftheowneror licensee.
Opposition to application for revocation ongrounds 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
Evidence
104 Person opposing may file evidence in support of registration The owner or licensee opposing an application for revocation on grounds other than non-use may, if the applicant has filed evidenceinsupportoftheapplication,fileevidenceinsupport ofregistrationwithin2monthsaftertheownerorlicenseehas received a copy of the applicant’s evidence.
105 Applicant may file evidence in reply The applicant for revocation on grounds other than non-use may, if the owner or licensee opposing has filed evidence in reply, file evidence strictly in reply within 1 month after the applicanthasreceivedacopyoftheevidenceinsupportofthe owner or licensee.
Part 11 Invalidity
Application to Commissioner for declarationfor invalidity
107 Information required for application for declaration of invalidity Anapplicationforadeclarationofinvaliditymustcontainthe following information:
Opposition to application for declaration ofinvalidity
Evidence
111 Owner may file evidence The owner opposing an application for a declaration of invalidity may file evidence in support of the registration within 2 months after receiving a copy of—
112 Applicant may file evidence in reply An applicant for a declaration of invalidity may, if the owner has filed evidence in support of the registration, file evidence strictlyinreplywithin1monthaftertheapplicanthasreceived a copy of the owner’s evidence.
Part 12 Cancellation or alteration
Voluntary cancellation
(iii) the owner’s name:
Application by aggrieved person forcancellation or alteration of registration
An application for cancellation or alteration of registration under section 62, section 63, or section 64 of the Act must contain the following information:
Opposition to cancellation or alteration
Evidence
119 Discontinuance of application The applicant (A) discontinues the application if—
120 Owner may file evidence The owner may file evidence within 2 months after receiving a copy of—
121 Applicant’s evidence in reply An applicant for cancellation or alteration may, if the owner has filed evidence, file evidence strictly in reply within 1monthaftertheapplicanthasreceivedacopyoftheowner’s evidence.
Part 13 Hearings 122 Form of hearing
Part 14 Registration
General
129 Additional contents of the register The following matters, additional to the matters specified in section182(a)to(f) oftheAct,mustbeenteredontheregister for each trade mark:
Renewal of registration
Restoration to register
Alteration of register
A request under section 78(a) of the Act for the alteration of the name or address of the owner or licensee of a trade mark must—
(iii) the owner’s or licensee’s name:
A request under section 78(b) of the Act that the Commis sioner strike out goods or services, or classes of goods or services, must—
57
(iii) the owner’s name:
137 Request for entry of memorandum on register A request under section 78(c) of the Act for the entry of a memorandum on the register must—
(iii) the owner’s name:
Voluntary disclaimer
Part 15 Applicationforconversionofspecification
Theownerofatrademarkregisteredwithaspecificationclassified under Schedule 3 or Schedule 4 of the Trade Marks Regulations 1954 or any previous edition of the Nice Classification may apply for conversion of the specification to a classification under the Nice Classification.
140 Information required for application for conversion An application for conversion must contain the following information:
141 Applicantmaynominateregistrationinadditionalclasses An applicant for conversion may nominate registration in additionalclassesif goodsor services classifiedin asingleclass under Schedule 3 or Schedule 4 of the Trade Marks Regulations 1954 or any previous edition of the Nice Classification fall into additional classes under the Nice Classification.
Part 16 Assignment or transmission
Commissioner’s certificate
A request for the issue of a certificate by the Commissioner under section 81 of the Act must—
Part 17 Licensees
Registration of licensees
147 Application for registration of licensee Anapplicationfortheregistrationofalicenseeofatrademark under section 83 of the Act must—
148 Information required for application for registration of licensee Anapplicationfortheregistrationofalicenseeofatrademark must contain the following information:
Alteration of registration of licensee
149 Application for alteration of registration of licensee An application for the alteration of the registration of a li censee of a trade mark under section 86 of the Act must—
An application for the alteration of the registration of a licenseeofatrademarkmustcontainthefollowinginformation:
Cancellation of registration of licensee
An application for the cancellation of the registration of a licenseeofatrademarkmustcontainthefollowinginformation:
A notice under section 137 of the Act must be in the form set out in Schedule 2.
A person whohasgiven anoticeundersection 137oftheAct must give the chief executive written notice of—
65
an indemnity for the amount and on the terms and conditions that the chief executive may decide.
Part 19 Miscellaneous 161 Advertisement by Commissioner
TheCommissionermustadvertiseinformationthatisrequired by the Act to be advertised in the format, manner, and frequency that the Commissioner thinks appropriate.
The Commissioner may waive a requirement in these regulations for information to be provided in any proceeding or document if the Commissioner is satisfied that the information is unnecessary.
Part 20 Revocation of regulations 165 Trade Marks Regulations 1954 revoked
The Trade Marks (Border Protection and Transitional Applications) Regulations 1994 are revoked.
Part 21 Fees 167 Amount of fees
169 Requirement that prescribed fee accompany document to be filed Subject to the provisions of the Act, a requirement in these regulations that the prescribed fee must accompany a documenttobefiledwiththeCommissionerissatisfiediftheparty filing the document has, before filing the document, made an arrangement acceptable to the Commissioner for payment of the fee.
171 Currency
All fees must be paid in New Zealand currency.
Request for search advice per class 20.00 Request for preliminary advice per class 20.00 Application to register a trade mark in 1 class 100.00 Renewal of registration of a trade mark in 1 class 250.00 Notice of opposition to registration of a trade mark 300.00 Hearing by Commissioner for each party 750.00 Certificates, certified copies, or extracts from register 30.00 Photocopying — per page (by office) 0.89 Photocopying — per page (self-service) 0.18 Application for declaration of invalidity of registration 300.00
Schedule 2 r 156 Formof noticeundersection137 ofTrade Marks Act 2002
Notice requesting detention of goods infringingregistered trade mark
To the Chief Executive of the New Zealand Customs Service [Insert full name and address of registered owner or registered licensee of trade mark], of .................... is [insert whether registered owner or registered licensee] of trade mark No .....................in Class .....................
A copy of the registration of the mark is attached to this notice. The Chief Executive of the New Zealand Customs Service is requested to detain any goods on, or in physical relation to, which an
infringing sign is used that are in, or at any time come into, the control of the New Zealand Customs Service. This notice is in forceforthe period[insert period that is not longer
than 5 years from the date of the notice or, if the registration of the trade mark will expire within 5 years from the date of the notice, not longer than the period for which the registration will last].
Details of the person and business or residential address for the service of any notice are: Name: ........................................ Business/residential address: ............................................................ Postal Address: ................................................................................. Telephone No: .............................. Facsimile No: .............................. Email: ........................................ Datedthis ..................... dayof ..................... 20...........
[signature]
Marie Shroff, Clerk of the Executive Council.
Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 7 August 2003.
(SR 2006/360)
Anand Satyanand, Governor-General
At Wellington this 27th day of November 2006
Present: His Excellency the Governor-General in Council
Pursuant to section 199(a) of the Trade Marks Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
| 1 | Title |
| These regulations are the Trade Marks Amendment Regulations 2006. | |
| 2 | Commencement |
| These regulations come into force on 1 January 2007. | |
| 5 (1) | Transitional provision for applications filed before 1 January 2007 This regulation applies to— (a) an application for registration of a trade mark filed before 1 January 2007; and (b) an action or other matter relating to an application referred to in paragraph (a), whether or not commenced before 1 January 2007. |
Diane Morcom, Clerk of the Executive Council.
Date of notification in Gazette: 30 November 2006
1 General
2 Status of reprints
3 How reprints are prepared
4 Changesmadeundersection17CoftheActsandRegulations Publication Act 1989
5 List of amendments incorporated in this reprint (most recent first)
Notes
This is a reprint of the Trade Marks Regulations 2003. The reprint incorporates all the amendments to the regulations as at1January2007,asspecifiedinthelistofamendmentsatthe end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savingsprovisionsarealsoincluded,aftertheprincipalenactment, in chronological order.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the dateofthereprint,thelawenactedbytheprincipalenactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumesofstatutesorstatutoryregulations in whichthe principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions,
see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section17C oftheActsandRegulationsPublicationAct1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes thatwould alter the effect of the legislation are not permitted.
Anewformatoflegislationwasintroducedon1January2000. Changestolegislativedraftingstylehavealsobeenmadesince 1997,andareongoing. Totheextentpermittedbysection17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
Inoutline,theeditorialchangesmadeinreprintsundertheauthorityof section17C oftheActsandRegulationsPublication Act1989aresetoutbelow,andtheyhavebeenapplied,where relevant, in the preparation of this reprint:
• omission of unnecessary referential words (such as “of this section” and “of this Act”)
Trade Marks Amendment Regulations 2006 (SR 2006/360)
Wellington, New Zealand: Published under the authority of the New Zealand Government—2009