What happens if you don’t use your trade mark? Can it be taken away?

Sharon Givoni Consulting Intellectual Property

Apparently, the answer is yes. But there are conditions. The mark must have been registered for at least three years and there must have been three continuous years of non-use.

The rule used to be five years, but it has recently changed so it is now in line with New Zealand laws.

So, the rule now is that any person may apply to have a trade mark removed from the register on the basis that the registered trade mark has not been used for a continuous period of three years before the date of the removal application.

When does the three years start running? 

The time starts running once the mark has been registered.

The changes are expected to take effect on 24 February 2019.  If you think that your trade mark is at risk call Sharon Givoni Consulting on 0410- 557 907.