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s 16

Decision about registration of mark approval

In force
Part 3Marks

16 Decision about registration of mark approval

(1)

If the director‑general receives an application to register a mark, the director‑general must—

(a)

register the mark; or

(b)

refuse to register the mark.

(2)

The director‑general must not register a mark if—

(a)

the design of a mark registered under this Act—

(i)

is the same as the design of the mark; or

(ii)

might be confused with the design of the mark; or

(iii)

may easily be changed to resemble the design of the mark; or

(b)

the design and proposed method of application of the mark is not suitable for its purpose; or

(c)

for a mark that is a permanent brand—the mark contains an alphanumeric or symbolic character that is—

(i)

less than 35mm or more than 75mm in height; and

(ii)

located less than 10mm from another character.

(3)

If the director‑general registers a mark, the director‑general must—

(a)

give the applicant a certificate of registration of the mark; and

(b)

enter the mark in the appropriate stock register.

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