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3.2 Use that would otherwise be disentitled to protection in any court
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Section 17(1)(b) of the Act prohibits the registration of a trade mark where the use of that trade mark “would otherwise be disentitled to protection in any court”.
This wording primarily applies to trade marks whose use would give rise to the common law action of passing off, or whose use would amount to a breach of copyright.
These matters are ones that are more properly determined in a court. In light of this, only in exceptional circumstances will IPONZ reject an application on the grounds that the use of the mark “would otherwise be disentitled to protection in any court”.
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