3.1.9.1 Major event words and emblems

Part 2 of the Major Events Management Act 2007 provides for protection of words and emblems that are likely to be associated with events that have been declared a “major event” by Order in Council.

Section 15(1) of the Major Events Management Act 2007 provides that the Commissioner of Trade Marks must not register an emblem if the use of that emblem by that person would breach section 10.

Section 10 of the Major Events Management Act 2007 provides, subject to certain exceptions, that:

1. No person may, during a major event’s protection period, make any representation in a way likely to suggest to a reasonable person that there is an association between the major event and -

1. goods or services; or

2. a brand of goods or services; or

3. a person who provides goods or services.

Section 11 of the Major Events Management Act 2007 states that a Court may presume a representation is in breach of section 10 if it includes any of the following (even if words such as “unauthorised” or “unofficial” are used):

1. a major event emblem; or

2. a major event word or major event words; or

3. a representation that so closely resembles a major event emblem, a major event word, or major event words as to be likely to deceive or confuse a reasonable person.

Where the following circumstances apply, the examiner should therefore raise concerns that the mark is not registrable under section 17(1)(b) of the Trade Marks Act 2002, with reference to section 15 of the Major Events Management Act 2007:

• The mark consists of or includes an emblem and/or word that has been declared a major event emblem or major event word, or so closely resembles a major event emblem, word, or words as to be likely to deceive or confuse a reasonable person;

• The application for registration was filed during the major event's protection period or the application for registration was filed before the start of the protection period but is not registered at the start of the protection period²⁸;

• Use of the mark is not covered by one of the relevant exceptions in section 12 of the Major Events Management Act 2007 namely:

• The applicant for the mark is, or has the written authorisation of, the major event organiser as specified in the Order in Council;

• The word or emblem comprises the whole or part of:

1. the proper name of any town or road or other place in New Zealand; or

2. the legal or trade name of the person making the representation; or

3. an existing registered trade mark

The examiner should also consider whether use of the mark would be likely to deceive or cause confusion. For example, if use of the mark may imply sponsorship, permission or approval by the major event organiser an objection may be relevant under section 17(1)(a) of the Act.²⁹

Footnotes

²⁹ See ‘Suggestion of Endorsement of License’ under ‘Deception or Confusion’, above for more information.