Document ID: chunk:federal_register_of_legislation:C2015A00008:clause:4_84
Version: federal_register_of_legislation:C2015A00008
Segment Type: clause
Provision Reference: sch 4 cl 84
Character Range: 58751–60589

84  Transitional—registration as a trade marks attorney
(1) If:
 (a) immediately before the commencement of this item, an individual:
 (i) was registered as a patent attorney under a law of New Zealand; and
 (ii) was not a registered trade marks attorney (within the meaning of the Trade Marks Act 1995); and
 (b) within 12 months after the commencement of this item, the individual applies to the Designated Manager to be registered as a trade marks attorney; and
 (c) the application is in accordance with the regulations; and
 (d) the individual satisfies the Designated Manager, in accordance with the regulations, that the individual's level of competency in trade marks law and practice is sufficient to warrant the individual becoming a registered trade marks attorney; and
 (e) the individual has not been convicted of a prescribed offence during the 5‑year period ending when the application was made; and
 (f) the individual is not under sentence of imprisonment for a prescribed offence;
the Designated Manager must register the individual as a trade marks attorney.
(2) The registration is to consist of entering the individual's name in the Register of Trade Marks Attorneys.
(3) For the purposes of the Trade Marks Act 1995, the registration is taken to be under that Act.
(4) The Governor‑General may make regulations for the purposes of this item.
(5) It is immaterial whether a matter mentioned in paragraph (1)(d), (e) or (f) concerns something that happened in New Zealand.
(6) A reference in this item to conviction of an offence includes a reference to:
 (a) the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; or
 (b) the making of an order under a corresponding provision of a law of:
 (i) a State; or
 (ii) a Territory; or
 (iii) New Zealand;
  in relation to the offence.