ABSTRACT
Broad and vague specifications of goods and services in trade mark registrations have been a topical issue in several jurisdictions around the world. The issue has also been highlighted as a concern in New Zealand. The New Zealand Government has recently agreed to make a ‘minor and technical amendment’ to the Trade Marks Act 2002 to require specifications to be clear. This move is welcomed, and I suggest the amendment should also require specifications to be precise. The specification plays a core role in several crucial areas of trade mark law. A lack of clarity and precision undermines the operation of the law in these areas and dilutes the efficacy of the information provided by the Register. Further, the 2002 Act does not currently provide a clear basis upon which clarity and vagueness of a specification can be addressed. Despite the benefits of requiring specifications to be clear and precise, I argue that some caution should be exercised in crafting an appropriate legislative amendment. Without some circumspection, there is a risk that the proposed requirement for clarity (and possibly precision) will become an overused and unpredictable ground of opposition and invalidation, and in turn, generate further uncertainty in the trade mark system as a whole.
Batty, Rob, Unclear and Imprecise Trade Mark Specifications (May 20, 2021).
First posted 2021-05-27 11:45:12
Leave a Reply