3.1.7 The Racing Act 2003

Section 24(1) of the Racing Act 2003 prohibits the use of:

• Any name calculated to suggest connection with, or endorsement by, the New Zealand Racing Board or a racing code;
• Any name containing the words:
  • New Zealand Racing Board;¹⁸
  • Totalisator Agency Board;¹⁹
  • TAB;²⁰
  • Racing Conference;²¹
  • New Zealand Thoroughbred Racing;²²
  • Trotting Conference;²³
  • Harness Racing New Zealand;²⁴
  • New Zealand Greyhound Racing Association.²⁵

Where a mark contains any of the above, the examiner should raise concerns that the mark is not registrable under section 17(1)(b) of the Act, with reference to section 24(1) of the Racing Act 2003.

It should be noted, however, that nothing in section 24 prevents a racing club from having or using a name containing the word or words “racing”, “thoroughbred racing”, “harness racing”, “trotting”, or “greyhound racing” in any form except those specified above.²⁶

Footnotes

¹⁸ Unless the user of the name is the New Zealand Racing Board.

¹⁹ Unless the user of the name is the New Zealand Racing Board.

²⁰ Unless the user of the name is the New Zealand Racing Board.

²¹ Unless the user of the name is New Zealand Thoroughbred Racing Incorporated.

²² Unless the user of the name is New Zealand Thoroughbred Racing Incorporated.

²³ Unless the user of the name is Harness Racing New Zealand Incorporated.

²⁴ Unless the user of the name is Harness Racing New Zealand Incorporated.

²⁵ Unless the user of the name is the New Zealand Greyhound Racing Association (Incorporated).

²⁶ Section 24(8) of the Racing Act 2003.