Over 90+ QUIX “images” (being all copyrighted – by Mr. Clare).
QUIX – NZ
Waitaki Sound Technologies Limited (NZ)
Formally known as:
Hinge Services Central Limted since 1999
This is our NZ Trading “brand” Name = TRADE MARK
Especially ever since we gained a PC Broad Band Connection - (in Oct. 2006)
It is here at:
We utilise our unregistrable NZ “TRADEMARK” in a unique fashion
” QUIX “
Is a generic descriptive of the term: ” QUIX – FIX “
(or.. ”QUICK – to- AFFIX” etc, etc…)
It describes our unique:
nnovative & Inventive “Goods & Service”
Which we have always done here at ”QUIX - NZ”
And – you can ”remember us” via our easy to remember slogan .. of:
“QUIX – FOR YOU” = QUIX4U”
Since expanding exponentially since Mr. Clare coined the accronym (when just 12 years old .. back in 1965)
This is being (now) used “jointly with & separately from” – in many forms, alongside the original Copyright owners own uses..
(as can be seen across some of the more than 250 other website derivatives which “co-run” around this vast “www” internet globe)
“QUIX – NZ & QUIX4U”
Not just one – but to ALL:
NZ Building & Trade Mark Classifications;
NICE & BERNE Convention applications.
AND .. in TRIP definitions..
Not just in Electrical, or building maintenances& installation work..
But also “in” subcontracting (work) .. relating to:
We’ve always contended that we have “provided” Plumbing Services
via Sub-contracted REGISTERED PLUMBERS
(whenever required for specific jobbing work)
This is thus “searchable” in (it’s long version) sentence form too
Across the entire … World Wide Web via:
” ” QUIX . CO . NZ ” “
(include “spaces” between it’s individual component forms)
Ok “RonDon”.! Or whatever your NAME WAS in that failed dispute
Yeah – “see” — & (thus yes) ”Good 1 Trev” .!!!
Hinge Services Central Limited (of Galloway, NZ) was..
AND YES -(don) – you “can count” .. it’s true.!!!
Back in 1965 — Mr Clare – he was 12 years old.. at that time.
But: (thankfully) there is NO AGE BARRIER .. to the minimum age.
No “minimum age” - of an inventor’s requirement:
TO HOLD & THUS OWN FULL VALID NZ COPYRIGHT
To whomever reads this:
Now known officially as:
ALL – “held” under the Holding Company entity of:
(not from Mr Clare’s own personal finances)
Hinge Services Central holds that (2002) OWENRSHIP
; (1 server found)
;; global options: +cmd
quix.co.nz. 86400 IN SOA alien.xtra.co.nz. soa.xtra.co.nz. 2002111700 10800 3600 604800 1800
quix.co.nz. 86400 IN NS alien.xtra.co.nz.
quix.co.nz. 86400 IN NS terminator.xtra.co.nz.
quix.co.nz. 86400 IN TXT “HINGE SERVICES CENTRAL LTD”
quix.co.nz. 86400 IN MX 10 mta.xtra.co.nz.
quix.co.nz. 86400 IN SOA alien.xtra.co.nz. soa.xtra.co.nz. 2002111700 10800 3600 604800 1800
;; Query time: 3 msec
;; SERVER: 126.96.36.199#53(188.8.131.52)
;; WHEN: Tue Jun 12 17:19:42 2012
;; XFR size: 6 records (messages 1, bytes 213)
… AND OUR …
” Q U I X - N Z (dot) C O M “
COPYRIGHT DATED @ 26th of May, 2008
WE THUS BOUGHT FOR FIVE YEARS
(as it was to be fully visible onto an existing website)
both the MX & TERMINATING URL were set
MX directly back to Telecom Business
& URL to APN Network’s NZ Business Hub
www . UBD
… AND OUR …
” Q U I X 4 U (dot) C O M “
COPYRIGHT DATED @ 26th of May, 2008
quix4u.com Registry Whois
|Updated 1 second ago - Refresh|
Registrar: MELBOURNE IT, LTD. D/B/A INTERNET NAMES WORLDWIDE
Whois Server: whois.melbourneit.com
Referral URL: http://www.melbourneit.com
Name Server: NS1.DOMAINZ.NET.NZ
Name Server: NS2.DOMAINZ.NET.NZ
Updated Date: 07-mar-2012
Creation Date: 26-may-2008
Expiration Date: 26-may-2018
quix4u.com Registrar Whois
|Updated 1 second ago|
Creation Date…….. 2008-05-27
Registration Date…. 2008-05-27
Expiry Date………. 2018-05-27
Organisation Name…. HINGE SERVICES CENTRAL LTD
Organisation Address. P.O.Box 79
Organisation Address. ROXBURGH
Organisation Address. 9441
Organisation Address. ROXBURGH
Organisation Address. NEW ZEALANDAdmin Name……….. HINGE SERVICES CENTRAL LTD
Admin Address…….. P.O.Box 79
Admin Address…….. ROXBURGH
Admin Address…….. 9441
Admin Address…….. ROXBURGH
Admin Address…….. NEW ZEALAND
Admin Email………. @quix.co.nz
Admin Phone………. 64.34468349
Admin Fax………… Tech Name………… Administrator .
Tech Address……… PO Box 1810
Tech Address……… Wellington
Tech Address……… n/a
Tech Address……… Wellington
Tech Address……… NEW ZEALAND
Tech Email……….. @domainz.net.nz
Tech Phone……….. 64.4473 4567
Name Server………. ns1.domainz.net.nz
Name Server………. ns2.domainz.net.nz
So too- are our “OTHER” Domains
The name is: ” “QUIX.co.nz” ” (it’s a google thing)
That “means” –
DO NOT TRY TO ACCESS – THIS - AS A “URL”
It is “NOT” provisioned as (just) one “URL”
(unless that changed & our “QUIX.co.nz” puts you here)Currently we are still “researching” NZ & WIPO LAW.
Just to make sure our QUIX(c)(tm) from 1965 onwards
(as detailed below):
Ensures that our Priority Rights,
Both in NZ Copyright & NZ Trade Brand Laws
Always were & thus still “are” actually FULLY protected.
Thank you for visiting the original Hinge Services Central Limited (t/a) QUIX – since 1999
We recently rebranded our NZ Company into:
WAITAKI SOUND TECHNOLOGIES LIMITED
Same company – same details .. different name
We still retain full opwnership of our:
New Zealand Top Level Domain (trading) Name
Registered in 2002 as our New Zealand (Email) Domain of:
There’s more: (MUCH, MUCH MORE)
So much (more) in fact:
That this 1 “website” Top Level 2002 NZ Domain Name
(as a single URL ?):
Could never (ever) “hope” to cover all of the different webpage URL’s, that are truely NEEDED
in order to get it to “land upon” them
(& thus terminate within them all as well as across)
Many more of our vast NETWORK of interlinked websites
Especially given that ALL single Web-based Domain Names were ONLY ever “created” by computor whizzkid experts, whom never (ever) envisaged that anyone would ever be WANTING (just) a single URL to somehow “terminate” across a vast & varied range of pages, as well as a wide range of un-related topics.
Such as I actaully wanted our MAIN one to do.
Oh sure.. WE COULD have just
“listed” our two or three PAGES of “[link_through]” webURLsingle entity access html codes…
WOULD YOU spend the next several hours..
Scrolling down that list? Nah – didn’t think so.
In 2006 when we first “started” creating our own type of multiple use, multiple interconnectable, multi access point websites, world wide.
The first huge hurdle .. Instantly raised it’s ugly head..
SOME ONE ELSE wanted to “create” these for us, at a LARGE COST .. for negligible interactivity.?
I know how to “type” .. and being a bit of a “sit back” & let the PLUMBING & OTHER RELATED “sub-contractors” (actually earn their income) type of “boss”
Especially being, as I have always been, a bit of sedentiary “sit.back” (as many times a day as possible type of CEO), I often sit here with virtualy nothing to “do” (each day), except play video games &/or test the latest products (as if I was a genuine purchasing buyer)
I then decided..
Why not put my desire for “deep” research into good use.
I have since “FOUND” hundreds of FREE hosted website pages across the world, that actually costs me “next to nothing” to set-up each one & maintain (except lots of my “seldom spare” free time).
AND ALL THE TIME – IN THE WHOLE WIDE WORLD
.. to “create these” any way that I want ..
Ok… so how hard could it “really” be…!
To sit down & build my own one (for free) from scratch.!
If I could design hundreds of “electronic trails” ..
Maybe I could eventually discover ? HOW .. to create an interactive 3D “effects” website, where the Uploader also instantly downloads their OWN uploaded content (but cannot access anyone else’s and no-one else can access their’s) but with certain aspects of my own (old school style) “analogue”, multiple channel, 3 dimensional, totally spherical, surround sound, “deplexer decoders” built into that virtual site, or somehow “construct” a dual layer inward only / outward only “instant streaming” connectivity? That then utilised come good old fashioned hard wired “hardware” (here) .. so that I, or some of my team members, could even “assist’” (by sitting in at our “real” studio descks” .. whilst the online interactive user would see & hear everything in realtime 3D, then when the (paying) customer was “satisfied” with the eventual studio “re-mastered newmix” .. they could then simply reboot a clean upload.download through.play, straight through the device, which would autostream directly out from the “inboundout.bound” server, whilst the end user (creative artist uploader) simply saved the re-mastered “MASTER.MASTER” back into their own audio systems.. Without ever having to buy a major recording studio for creating their audio themselves.. but always “had” our one, “on tap… 24.7″ whenever they next wished to create another QUIX self-creation as a “remastered.re-master”
One - that wasn’t just a one way stream.. but one that allowed clients to “multi-stream” in dual directions at the same time, whilst actually “listening” to the way in which this process was executed, & also able to tweek it.
Yes– “playable” as they watched, or listened, & then they could simply “choose” which of the obtained results best suited them, & simply save changes at their own PC
At a “substantial” membership entry $$$ rate that is ..
(as I wouldn’t be hard out working — for no reward)
Well .. that was my theory anyway..!
I just haven’t configured my 2002 “QUIX.co.nz” Domain thing out, to get it do such a complex type of website yet.!
Give me a chance as I’ve ONLY had 6 years worth of constant typing & testing of various “ideas” whilst trying in vain to be doing this, since going broadband, in 2006
& Basically – ONLY - in the “AFTER HOURS”
ie: between 5pm @ night & 6am in the mornings, as my NZ Company still needed a manager (of sorts) with my overview ideas inside, of it’s self-sustaining operation
Thankfully I deliberately designed it to do just this, away back in 1998/9 when I designed it’s functionalities. & that’s when I decided that I WOULD NEVER “actuallly” employ myself, in any manner or form, within this my LARGE master “Holding Company” (a Holding Company) of all my “other” various Business “activities” as such as the many “non-registered”, and ”un-limited” enterprises, as well as “un-related” ones of them too, as each business thus related around it’s own interests, yet they “all” also constantly evolved & revolved around this “PIVOTAL”:
HINGE SERVICES CENTRAL LIMITED
The NZ Company – that I initially made too,
Hence one of it’s functions – was as the “HINGE” (pivotal) Services (of services the sub-contractors operated from) Central
By being truely CENTRAL - as per being “Located” in almost the exact (N/S/E & W “centred”) centre of the “entire Otago-/-Southland regions”, as well as actually being in the “Central Otago” region, whilst “still” being the main “CENTRAL HUB”, of all of the other outwardly radiating “business enterprises” (of mine), thus I did originally deliberately provision my QUIX Domain Name in this fashion .. for my OWN best interests, as well as the best interests of my NZ Company, which didn’t NEED (at the time in 2002) a WEB PAGE, as I couldn’t access one then, even though I had originally wanted too, as back in the late 1990′s & early 2000′s – Telecom’s (old) analogue network of 025 WAP cellphones, were NOT very well geared up, to be anything other than purely email WAP capable & cellular “mobile.web” WAP access units (only)
Therefore- I deliberately set-up my QUIX back then, as a purely “email driven” system, done in this way to provide an exceptionally “strong” copyright & well documented:
LASTING PAPER TRAIL
(Back then) – I could “once a month” – access the town library computor, whever possible, and get the ladies there .. to print out the “emails” that I wanted to save, as most auto deleted after about two months, read or not).?
Thus of all of our Intellectual Property Holdings, not the least of which were done via NZ & Aust. Patents as well as a PCT app. via the SWISS WIPO on a Re-invention of the: HINGE (itself)
We have held some “properties of intangible values” like:
NZ Pat: 330552, Aust.Pat:754678 & PCT/99/00066
On -and thus of – one of our things – being:
“Improvements in and relating to a hinge”.
Thus: Hinge Services Central “obviously” has always been the “most.quickest.expert.done” QUIX method of: Quickly-Fixing all of our QUICK-FIX, Quick-to-Affix, Innovations & Inventions, into “ONE FIXED PORTAL” “The International Electronic Email Postal System”, where our WRITTEN WORDS were Instantly Copyright Protected (all around the world) AND thus were fixed.
By being All “time-dated” to the EXACT DATE
That each & every file was actioned.
When we state – that a “webpage” URL of ours,
or TRADEMARK coined & initiated on such & such a day
We do NOT need to check again,
as that’s actually how we came to know it now.
.. WE CHECKED FIRST ..
Just so we’d remember which day it was:
That we initiated “that” something.
And in that fashion, I often post lengthy lists of all the remembered sites (of ours) on newly created sites – later
(as then it also help me – remember where I left them all)
There - “in the first place”.
Well – if I had my way.
(and some day)
I may even attempt to “build” a workable system,
One URL “bulk_websearched” –
landing NOT upon just it’s one fixed page ..
But just LIKE a huge aeroplane does nowadays when it “brings in” a whole plane load of “ideas” inside people (on any one unit) that then lands as it does .. on just one airstrip, yet from within that one “place” – there are already many like minded brains, filled with hundreds of similar ideas already awaiting the chance, to simply leap out and scream loudly - we’re here – why aren’t you.
Just as all those greeting families do with friends whom were waiting inside that terminal, with a whole paddock of motor vehicles waiting outside to transport them away
Yes some may even been left, for this planes passengers
… and yet … within a matter of hours …
All those people whom sat thinking together
On the SINGLE (URL) PLANE ..
whom did arrive onto a “single area” at one terminal
They are now scattered out upon the entire world (hidden again).
So.! Wouldn’t it be wonderfull..?
If one did NOT have to leap frog, from one airport terminal to another, looking for the cheapest fare whilst your baggage is on another plane flying somewhere else, such that by the time you eventually arrive at your final destination with that baggage of yours that has almost circumnavigated the world, whilst itself just airport hopping along on it’s own merry way – back to you.
Somehow the baggage handlers mysteriously produce your completely LOST luggage, and away you go
never to see any one – from that aircraft again.
What I would like to eventually see.. is:
No one needing to sleep over, in a cramped airport because they “missed” the one flght out, and people not “needing” to run from one end of a building to another. just to “catch” an interconnecting flight
often the same plane that got them there initially
& then .. when you’re finally firmly BACK ON BOARD
That’s when you finally discover — shock horror ..
you turned left when it was a right you should’ve made
And somehow your plane is flying non-stop (to Alaska)
Yes a wild imagination I suppose..
BUT I have heard some nasty stories .. about airtravel
But anyway .. I was talking about “internet searchings”.
I knew you would have “liked” to have been able to arrive
just before your plane leaves, instead of 2 HOURS before
& then at the touch of buttons it’s the through connection
Well that’s “precisely” the sort of interactive web.page that I would’ve LIKED to have offered, to a select few target people .. (to judge their reaction at first).
To my original idea of my QUIX.co.nz interactive website
My web page for this FIRST most amazing “main”:
Non website url -that I have wanted to provision (myself) I wanted it completed perfectly (the first time U tried)…?
It awaited for me patiently, but it was ACTUALLY already way to busy being my email postal central HUB, for all SIX of our existing International “Domain Names”.
So I finally decided – lets go live anyway, and tell you why I didn’t provision it before. (before two Auckland plumbers couldn’t leave my brand TRADE MARK alone)
THERE ARE NOW LITERALLY MANY HUNDREDS:
of forums, chatrooms, related sites run by others, where I often also go, either to ask my own questions, or answer those of others, & have placed my information upon, way too many more – for all of whom I now “seem” to be working for as well .. (for free) .. whilst STILL running the overviews of my main core businesses here too, AND now with an American Businessman exited about my many and varied innovative product lines .. I’m also now in the interim stages of provisioning his 3 websites too, as well as incorporating another Company (under the master one of all mine), to be then “run” semi- autonomously, yet purposefully together – almost as one, both of which will be “co-run” between another two joint venture businesses, (one here in NZ under a partner’s control, & the other in the USA, which already is under his control) and then when everything is “runing smoothly along, MAYBE — just maybe .. I can get back to all of my 250+ webpages & sort them out a bit better than before.
As thankfully, by then this “QUIX.co.nz” will be under another of my Companies “own” controls too (thankfully)
And my original 1999 can finally revert to what I started
And “Hinge Services Central Limited” will again have some TIME to make more of my wonderfull gate hinges & other funny things, & I’ll be able to go farming again too
As I show farmers .. how to “swing” their old gates more
And thus I will then finally revert “back” into the Construction & Maintenance “feilds”, from whence & where- I first became a “professional” Electrician
So many, many years ago
But before that happens – theres just too many things that need to be constantly maintained
And now I am DOUBLING my workload.?
But at least I will eventually be “paid”
when the NZ & USA connection is running smoothly.
Thus yes folks:
I’m often deeply involved in some dim darkened space, researching Forgotten Laws (& Common Rights of Tort)
Searching through legal beagle archived websites, and digging deep into those decidedly tricky, legally binding Acts & Local bylaws seeking out varous stringent codes
Whilst all the time sharpening my keenly refined abilities, utilising my now vast knowledges & things, on how to roam around the internet extracting clickthrough links or searchable character set, a full sentence at times
Anyone, whom should know “exactly” how to do indepth (deeper than standard methods) search & research, into a wide variety of litigation website information portals,
SHOULD KNOW – in the normal course of their core business — such as for “technically difficult to find” LEGAL aspects, with an intricate knowledge of such things (as Un-Registered Trade Marks) which because of that “precise non-registered quality”
ARE NOT ACTUALLY EVER LISTED
on any “Registered Only” type of
OFFICIAL LIST OF REGISTERED TRADE MARKS
Which only exist for actual REGISTERED trade marks
Otherwise why call it a “registered TRADE MARK list”
But an: ALL TRADE MARKS LIST
(for not only registered but unregistered” marks too)
be they specifically for trade
or just as an official trading LOGO (or BRAND)
Thus, by way of their legally representative profession:
Such people as Lawyers – especially those whom hold
or whom have held themselves out as:
Ex- Qualified Patent, Trade Mark & Copyright Attorney’s
Even they should know the simplest of methods
& techniques, to extract any detailed LEGAL description:
of a NZ Companies “business activities”
from such places as?
the New Zealand Universal Business Directories
better known as the UBD
& the New Zealand “Telecom” Business Directory Services
such as YELLOW
plus ask the New Zealand Domain Name Commission “themselves” (as after all, where else would one expect to “find” information on a “currently hidden” NZ Registered “.co.nz” Domain Name, especially one which “although registered and current” for many many years, still is NOT provisioned “directly” into just ONE “specific” URL for any reason whatsoever, such as a NEED to remain invisible for RECENT SPAM reasons, or simpy because WE want you to think “outside the square” and go do a general web-search” for the “WORD TERMINOLOGY”
(and thus mine did NOT actually need just a single URL).
However, it has again sadly come to our attention:
Some “so-called” ex patent attorney’s and other legal beagle types of professionals (such as plumbers), actually do NOT have those basic (internet searchable) research skills, and instead BASE all of their incorrectly applied accusations, on their own inability to discover LEGALLY identifiable NZ Trading Information about ANY Registered NZ Company.
And it’s actual a highly complex business set of activities.
But then sometimes when “one” goes driving down the international super highway Internet electrical pipeline
A plumbers registration & practicing licence..
”just doesn’t help” – YOUR EXPERT SEARCH.
I am being accused by some “plumbers” AGAIN,
Not “plumbing” that they thought meant “plastic pipes”
But on my OWN:
2002 registered DOMAIN NAME of: “ ”QUIX.co.nz” “
Double quotes as I HAVE to let some “plumbers” know:
“it’s a KEYWORD for your search”
(& not a terminated deadend sewerage pipeline ”URL”)
As a fully functional “data access” point- for MY OWN:
“Pivotal Portal” EMAILING HUB – on this super highway
it doesn’t NEED to be anything other than a:
centralise sewerage sorting system
for everyone “elses” SPAM emails – to end up inside.
Thus “QUIX.co.nz” is exactly that:
A “registered” EMAILING DOMAIN NAME.
Not a (fixed) PLUMBERS (H) URL
It is a constantly “flowing” pipeline of freely flow data
Whilst re-routing massive amounts of throughput emils. and other electronic audio & visual data too
For many other informational uses, as well as providing a drainage pipeline to sink hole all of the worst plumbing
that I’ve ever had the continuously harrassed need to see
Some of which has become a real headache since those:
two Auckland plumbers - took it upon themselves to: “flood” my pipelines with constant SPAM since Feb 2008
Well they do say, Goliath should never throw boulders:
at what on the surface only looks LIKE a tiny wee david But I am NOT – “a one man band” operation
Because SOME of those rocks of Goliath, have bounced off David, and awoken the MONSTER “sleeping beside me”.
Now the monster is HUNGRY ( and Goliath is on his menu list ).
“QUIX.co.nz” is NOT for sale.
It isn’t even available for your use (apart from being an email portal into the rest of our extencive business operations -worldwide)
“QUIX.co.nz” is however..
ALSO NOT OWNED..
By “KEITH CLARE”.
It was ONLY ever purchased with Company Funds, and PROVISIONED .. on exactly HOW the business was to “function” as a central emailing server, without a dedicated website “plonked’ somewhere such as this NEW ONE, adding to the HUNDREDS OF OTHERS WE ALREADY RUN.
Don’t believe us?
Want to just be ignorant & goto the “DOMAIN NAME”
As if it were a “fixed” URL..? Well golly gee.. YOU MAY GET YOUR WISH.
But for now.. google is (still) good enough for everyone else.
As we “FLOAT” this domain NAME .. adcross a vast array of often unrelated websites.
ALL generally interlink to each other, or at least to a dfefferent one that does
It is NOT a (provisioned domain) WEBSITE NAME, But a legally identifiable NZ Business (International or Internal only) “Domain Identifier”, that can Legally be utilised for EITHER of it’s two main qualities (or both, or neither)
A DOMAIN NAME can exist with NO email functionality, but simply exist for a SINGLE webpage “terminating” URL;
A DOMAIN NAME can exist with NO terminating URL, but simply exist for it’s WILDCARDED (all email)”aliases” emailing HUB functionalities,
Both of those functions to varying degrees,
NEITHER FUNCTION. as it may be in transition from one system to the other, or it may be in transit from one ISP Host Server to another, OR .. the owner may “simply’ not have a suitable webpage design or functionality in mind “at the present time”,
As so often happens nowadays, it MAY simply be an outage beyond the owners control, such as an internet server connection in their place of business, has failed &is away for repairs,
ANY OTHER REASON.
As NO DdOMAIN NAME OWNER is legally bound to “display” at all times, (irrespective of & irrelevant to, any conflicting reason; be that for purely “business or commercially sensitivity reasons”, or not), nor are DIRECTORS LEGALLY BOUND to “publically acknowledge & release” their Commercially Sentive Reason/s “on any grounds”, that may seriously IMPACT on their compliances with ANY NZ COMPANY LAW, which states that NO DIRECTOR shall expose the Company to any “undue release of commercially sensitive information” 9especially if a competitor desires to gain information which could, if that release were given, be conferred & construed, as being detrimental to the DIRECTOR’s own company’s business interests).
I will hereby “release” SOME of our Business activity interests, JUST TO PROVE A POINT.
Operating as it always has under section 2/ (above) with respect to HOW it has been provisioned for use with an “original” CELLPHONE account, which STILL USES THAT ACCOUNT for it’s intended & provisioned purposes (both within NZ & world wide).
A DOMAIN NAME can exist with NO terminating URL, but simply exist for it’s WILDCARDED (all email)”aliases” emailing HUB functionalities,
Is in itself, a WRITTEN COPYRIGHTED TERM (written) upon many of our “other” FULLY VISIBLE, Publically accessible BUSINESS websites:
Both of those being themselves fully provisioned (in 2008) into Part 1/ above:
They BOTH terminate at exactly the SAME MAIN 2006 URL, itself “hosted” by the very same UBD, being the New Zealand “Universal Business Directory” Service, that ALL “intending” NEW COMPANY DIRECTORS (one of whom was actually an ex Patent Attorney), and obviously others whom are doing their client’s due diligence, such as “searching” professionally qualified lawyers, are (by the Commissioner of Companies) DELIBERATELY DIRECTED TO SEARCH, when first doing the requirements of the New Zealand Companies Office, ALL OTHER DIRECTORES & (business best practice) search information resources, such as the “yellow pages”, “newspaper advertisements”, ”hand delivered flyers” & any OTHER form of “written documentation”, such as a “name search of the UBD.
All of those NEED to be done, as a pre-requisite requirement & thus a LEGALLY BINDING New Zealand Companies Office “stipulation”, directing the attention of (all) “Intending Directors” of NEW COMPANIES to actually start doing, and continue to do, ALL DUE DILIGENCE (at all times).
ESPECIALLY BEFORE ANY NEW BUSINESS NAME:
1/ IS RESERVED, OR
2/ ACTUALLY “INCORPORATED”.
As to not do due diligence then, will often expose them to litigation & even LOSS of business NAMES & ASSETS, if an “existing” NZ Company is already trading upon that name, of if that NAME has been used “IN TRADE” anywhere in New Zealand, at any time, by any method, especially with respect to “any” UN-REGISTERED TRADING NAME, BRAND, PLAIN WORD LOGO, or “Product Name”, as the REGISTERED LISTS are only conclusive evidence of “actual” registered names, and NOT of the FULL LIST of Legally Trading Entities (in New Zealand) whom, by reason of their NOT requiring to be “registered” on any LIST, can still LEGALLY TRADE in whatever busines category they were trading;
As LONG as they can show, by any one (or more) visually provable means, that they are INDUSTRIALLY APPLYING THEIR provable priority dated PRIOR RIGHT OF TORT (NZ Common Law of Business), BRAND/ LOGO/ Product Line, or (trade) “MARK”;
Acrtoss their Business tradings IN NEW ZEALAND;
Which does uphold their own “prior” ownership of any contestable “MARK”. then the NEW New Zealand Company Name: (or Trade Mark as the case may be) is actually UN_REGISTRABLE;
And, if later “proven’ that there was a bona fide case, of “publically available evidence (easily found, via any normal means available to the general public, at large);
A “NEW” (later registered under false pretences); New Zealand Company Director, or Directors as the case may be, together & separately with not only each other, but with their actual “since so registered” NZ Company (as well), ALL can be held accountable in a Court Of Law under the the New Zealand Fair trading Act, the NZ Common Law of Tort, the New Zealand Copyright Act, the New Zealand Companies Office Policies & Penalties section, as well as various OTHER ACTS, (such as in relation to any specified TRADE to which that infringing MARK has been illegally applied), as well as to the specifics of the New Zealand Trade mark Act 1953 & 2002 (pertaining to the stipulation that NO REGISTERED MARK can be “abused” OUTSIDE of it’s specified class, or classifications of classes, especially if there is any “chance” of that having been thus committed, in any form whatsoever, for the leverage for commercial gains (or outright denial of competition), over a PRE_EXISTING “priority rights owner”, whom holds any such pre-existing (verifiable) DATED copyrights & priority dated “industrially applied” usage rights of that MARK (if an Un Registered Mark) with respect to BOTH the New Zealand Trade Mark Act 2002 & of the law of Passing Off, as well as that most missundertood “law” of the: COMMON LAW OF TORT.
Just to set the record straight:
Should anyone “else” be making false accusations and or showing their complete LACK of doing their legally bound:
Before forming any NEW Company (in New Zealand), any intending, or current, Company Director, whom somehow assumes that because a “pre-existing” NZ Company Business, is EITHER “not trading” in your style, or NOT trading with their registered OFFICe, based in the TOWN or CITY where you intend to “register” your head office (before expanding your NEW Company into their “pe-existing” New Zealand Wide “territory”);
Let me assure you.
DO NOT attack this apparently “sleeping” DAVID
Especially do not hurl mountains of email spam, to deliberately get the recipient to “BLOCK” your spam (as if it were a genuine phishing / hacker attack), to then allow you to send out any advertisements calling for FRANCHISEE’S, and thereby receive ANY ADDED BUSINESS BENEFIT,. thus gained upon your cybersquatting, or typosquatting, or outright theft, of the (original) pre-existing NZ Company’s (& or other unregistered business’s) “own” priority right NZ “Un-registered” (& or UN_REGISTRABLE) pre-existing Trading NAME
As, if you do:
You may be liable (in court) to the severest of penalties that apply
Such as the deliberate, & or partially accidental, Miss-use of a New Zealand “Registered” Trade Mark (outside of it’s actual “registered” class or Classification) which has been then so used as to “leverage” an unfair advantage over any pre-existing competitor, or to deliberately HARRASS (in any form), or to deny the pre-existing New Zealand Company Owner (with priority rights) the “fair use” of their pre-existing TRADE MARK, (especially if such denial has been, or could be, ”seen” to have been done, for your own commercial gains);
The penalty (for such infringement) is PUBLICALLY WRITTEN & thus visually verifiable by anyone, that the “prescibed penalty” for breaching section New Zealand Trade Mark Act 2002:
As written in public view on the Switzerland Based SWISS WIPO being (Switzerland’s) “World Intellectual Property Organisation”
That place where everyone in the world MUST COMPLY with the World Wide Patent, Trade Marks & Copyright Acts (of each & every Signatory Country’s Convention), and which does “publically display” all CURRENT versions of each of those Individual Countries “own” internally prescribed Palimentary Acts.
Such as the?
Trade Marks Act 2002 No. 49
(as at 15 December 2005)
Where everyone & anyone (with any business sense) knows, the actual 2002 New Zealand Trade Mark Act is immediately & permanently viewable in downloadable .PDF format (Directly from off that SWISS WIPO website).
I bring everyone’s attention to a few “facts” of New Zealand Business Life.
Especially with regards to the “making” of deliberate (or accidental) Harrassments of, & towards, those original owners of “Priority Right Claimants” (rights owners), in respect to the NEW Company’s “claimed” rights in respect to the priority rights holders ”pre-existing” (prior dated) industrially applied uses, of a “NZ Trade Mark” (whether registered by the original owner, or not), by a LATER REGISTERED TRADE MARK OWNER whom may be seen to, or can be seen to, be harrassing or making false claims (especially one whom can be seen, or is seen, to be deliberately miss-using their Registered MARK), by the “miss-representing” their later registered MARK’s assumed claim to a right, outside of it’s fixed class (or clasification) in which it is REGISTERD:
Trade Marks Act 2002 No. 49 (as at 15 December 2005)
|Year of current version / last amendment:||2005|
|Date of Text (Enacted):||December 4, 2002|
|Type of Text:||Main IP Laws: enacted by the Legislature|
|Subject Matter:||Enforcement of IP and Related Laws, IP Regulatory Body , Trademarks, Traditional Cultural Expressions|
|Notes:||The purposes of this Act are:
- more clearly define the scope of rights protected by registered trade marks;
- simplify procedures for registering a trade mark in order to reduce costs to applicants and to reduce business compliance costs generally;
- address Maori concerns relating to the registration of trade marks that contain a Maori sign, including imagery and text;
- deter counterfeit activity in relation to registered trade marks in New Zealand;
- ensure that New Zealand’s trade mark regime takes account of international developments.In particular refer to Section 17(1) concerning the Expressions of Folklore.Date of entry into force: see Part 1, Article 2(1) and (2) for further details.
|English||Trade Marks Act 2002 No. 49 (as at 15 December 2005)
[308 KB] (Version with Automatic Translation Tool)
|WIPO Lex No.:||NZ090|
The “2002 New Zealand Trade Mark Act” (itself):
Trade Marks Act 2002
Public Act 2002 No 49
Date of assent 4 December 2002
The Parliament of New Zealand enacts as follows:
This Act is the Trade Marks Act 2002.
(1) This Act (except sections 177 to 180, 199, and 200) comes into force on a date to be appointed by the Governor-General by Order in Council.
(2) Sections 177 to 180, 199, and 200 come into force on the day after the date on which this Act receives the Royal assent.
The purposes of this Act are to—
(a) more clearly define the scope of rights protected by registered trade marks; and
(b) simplify procedures for registering a trade mark in order to reduce costs to applicants and to reduce business compliance costs generally; and
(c) address Maori concerns relating to the registration of trade marks that contain a Maori sign, including imagery and text; and
(d) deter counterfeit activity in relation to registered trade marks in New Zealand; and
(e) ensure that New Zealand’s trade mark regime takes account of international developments.
In this Act,—
(a) this Part deals with preliminary matters, including interpretation and the application of this Act to the Crown:
(b) the main rights attaching to a registered trade mark (for example, the exclusive right to use the registered trade mark) are set out in section 10:
(c) when a trade mark is registrable is set out in section 13. Other provisions relating to the registrability of trade marks are set out in sections 14 to 30:
(d) the process for registering a trade mark is contained in Part 3:
(e) remedies and offence provisions relating to the infringement of a registered trade mark, border protection measures concerning an infringing sign that is applied to goods in an overseas country, and general provisions about legal proceedings and appeals under this Act, are set out in Part 4:
(f) Part 5 contains provisions about the Commissioner, the register of trade marks, and an advisory committee that has the function of advising the Commissioner whether the proposed registration of a trade mark that is, or appears to be, derivative of a Maori sign, including imagery and text, is offensive to Maori.
(1) In this Act, unless the context otherwise requires,—
Act includes regulations made under this Act
actual date of registration means the date entered on the register by the Commissioner under section 51(a)
advisory committee means the advisory committee appointed under section 177
(a) means a person who has applied for the registration of a trade mark; and
(b) includes the assignee of an application, if the assignment has been effected under section 82
(a) means an application for the registration of a trade mark; and
(b) includes an application for the registration of a series of trade marks
assignment means assignment by the acts of the parties concerned
certification trade mark means a sign capable of—
(a) being represented graphically; and
(b) distinguishing, in the course of trade,—
(i) goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy, or other characteristic from goods not so certified; or
(ii) services certified by any person in respect of quality, accuracy, performance, or other characteristic from services not so certified
chief executive has the meaning set out in section 135
claimant has the meaning set out in section 135
collective association means a body (whether incorporated or not) that has or is able to have members, and is—
(a) constituted for the joint benefit of its members for the time being; and
(b) so constituted that its membership at any time can be ascertained
collective trade mark means a sign capable of—
(a) being represented graphically; and
(b) distinguishing the goods or services of members of the collective association that is the owner of the sign from those of persons who are not members of the collective association
(a) means the Commissioner of Trade Marks; and
(b) to avoid doubt, includes an Assistant Commissioner of Trade Marks
condition includes a limitation of the exclusive right to use a trade mark given by the registration of the trade mark, including a limitation of that right as to—
(a) mode of use:
(b) use in relation to goods to be sold or otherwise traded in any place within New Zealand:
(c) use in relation to services to be provided within New Zealand:
(d) use in relation to goods to be exported to any market outside New Zealand
Court means the High Court
infringing goods, in relation to a registered trade mark, are goods that bear, or goods the packaging of which bears, a sign that is identical with or similar to the registered trade mark and—
(a) the application of the sign to the goods or their packaging is an infringement of the registered trade mark; or
(b) the sign has been used in relation to the goods or their packaging in a way that infringes the registered trade mark
infringing material, in relation to a registered trade mark, means material that bears a sign that is identical with or similar to the registered trade mark and either the sign is—
(a) used for labelling or packaging goods, as a business paper, or for advertising goods or services, in a way that infringes the registered trade mark; or
(b) intended to be used in a way that would infringe the registered trade mark
infringing object, in relation to a registered trade mark, means an object that is—
(a) specifically designed or adapted for making copies of a sign that is identical or similar to the registered trade mark; and
(b) in the possession, custody, or control of a person who knows or has reason to believe that the object has been or is to be used to produce infringing goods or material
infringing sign has the meaning set out in section 135
Paris Convention means the Convention for the Protection of Industrial Property signed at Paris on 20 March 1883, as revised or amended from time to time
register means the register of trade marks kept under section 181
registered trade mark means a trade mark that is on the register
((((( “QUIX.co.nz” note: CAUTION .! )))))
The REGISTER of “Registered” TRADE MARKS
Does not contain (by virtue of itself)
ANY UN-REGISTERED TRADE MARK
((((( “QUIX.co.nz” urges: EXTREME CAUTION .! )))))
Subpart 3—Register of trade marks
181 Register of trade marks
(1) The Commissioner must ensure that a register of trade marks registered in New Zealand is kept in New Zealand.
(2) The register may be kept in any manner that the Commissioner thinks fit, including, either wholly or partly, by means of a device or facility—
(a) that records or stores information electronically or by other means; and
(b) that permits the information so recorded or stored to be readily inspected or reproduced in usable form.
(3) The register is prima facie evidence of any matters required or authorised by or under this Act to be entered in it.
182 Contents of register
The register must contain the following:
(a) all registered trade marks with the names and addresses of their owners:
(b) the actual date of registration and the deemed date of registration and the date of application in New Zealand, if any:
(c) assignments and transmissions:
(d) the names and addresses of all licensees:
(g) any other prescribed matters relating to registered trade marks.
183 No notices of trusts may be entered in register
No notice of any trust may be entered in the register, and the Commissioner is not affected by any such notice.
Search of register
184 Search of register
(1) A person may, on payment of any prescribed fees, search the register—
(a) during the hours when the office of the Commissioner is open to the public for the transaction of business on a working day; and
(b) at any other time that the Commissioner allows.
(2) A certified copy, sealed with the seal of the Patent Office, of an entry in the register must, on payment of any prescribed fee, be given to any person who requires the certified copy.
((((( Again: ”QUIX.co.nz” urges: CAUTION .! )))))
The REGISTER of “Registered” TRADE MARKS
Does not contain (by virtue of itself)
ANY UN-REGISTERED TRADE MARK
ANY “MISS_REPRESENTATION” OF:
A REGISTERED TRADE MARK
CARRIES EXTREME PENALTIES
((((( “QUIX.co.nz” urges: EXTREME CAUTION .! )))))
Offences relating to register
185 Offence to make false entry in register
(1) Every person commits an offence who—
(a) makes or causes to be made a false entry in the register or a writing falsely purporting to be a copy of an entry in the register knowing the entry or writing to be false; or
(b) produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false.
(2) Every person who is convicted of an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 2 years.
186 Offences relating to false representation of trade mark
(1) Every person commits an offence who represents that—
(a) a sign, or the whole or a part of a trade mark, is a registered trade mark when it is not:
(b) a registered trade mark is registered in respect of any goods or services when it is not:
(c) the registration of a trade mark gives an exclusive right to its use when it does not.
(2) Every person who is convicted of an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.
(3) For the purposes of this section, a reference to—
(a) registered is to be read as a reference to registered under this Act:
(b) registration is to be read as a reference to registration in the register.
187 No compensation for diminution in rights attaching to trade mark
No person is entitled to compensation from the Crown in respect of any diminution in the rights that attach to a trade mark that may arise by virtue of the enactment of this Act (for example, the removal of the trade mark from the register).
190 Recognition of agents
(1) Anything that must be done by or to a person under this Act, in relation to a trade mark, may be done by or to the person’s expressly authorised agent.
(2) Subsection (1) applies only if the agent is not a prescribed class of person.
191 Declarations, etc, on behalf of certain persons
(1) Any of the relevant persons described in subsection (2) may make a declaration and do anything required or permitted by or under this Act in the name and on behalf of a person who is not 18 years or over or is incapable of making a declaration or doing that thing.
(2) The relevant persons referred to in subsection (1) are—
(a) the person’s guardian:
(b) the person’s statutory administrator, if any:
(c) a person appointed by the Court who has jurisdiction in respect of the person’s property.
(3) An appointment may be made by the Court for the purposes of this section on the application of—
(a) any person acting on behalf of a person who is not 18 years or over or is incapable of making a declaration or doing anything required or permitted by or under this Act; or
(b) any other person interested in the making of the declaration or the doing of the thing.
((((( “QUIX.co.nz” note: Understood.!? )))))
Well – did YOU undestand that …? NO.
Well then don’t worry eh…?
As many people do NOT even bother to read down this far.
It is very, VERY important.
Because what it says .. is that:
ONLY registered Trade Marks can “actually” be:
“HELD ON” the Trade Marks REGISTER.
That if anyone:
incorrectly assumes that - because they:
HOLD a “registered trade mark”
That in itself DOES NOT give them an exclusive right
IN ANY OTHER CLASS
It only applies specifically to the CLASS/s
in which it was: REGISTERED
ie: ONE TRADE MARK IN ONE CLASS
Is NOT an all exclusive MARK across ALL classes
((((((( thus: “lets now LOOK at what that means” )))))
register means the register of trade marks kept under section 181
registered trade mark means a trade mark that is on the register
regulations means, except in sections 54 to 56, 63, 79, and 80, regulations in force under this Act
series of trade marks means a number of trade marks for the same goods or description of goods or the same services or description of services (as the case may be) that—
(a) resemble each other in their material particulars; and
(b) differ only in respect of—
(i) statements of the goods or services for which they are, or are proposed to be, used; or
(ii) statements of number, price, quality, or names of places; or
(iii) other matters of a non-distinctive character that do not substantially affect the identity of the trade mark; or
(a) a brand, colour, device, heading, label, letter, name, numeral, shape, signature, smell, sound, taste, ticket, or word; and
(b) any combination of signs
specification means the goods or services specified on the application for the registration of the trade mark in relation to which the registered trade mark is to be used or is proposed to be used
specified goods has the same meaning as in section 2(1) of the Geographical Indications Act 1994
(a) means any sign capable of—
(i) being represented graphically; and
(ii) distinguishing the goods or services of 1 person from those of another person; and
(i) except in sections 83 to 87, a certification trade mark; and
(ii) except in sections 83 to 87, a collective trade mark
TRIPS Agreement means the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement, as revised or amended from time to time
writing includes the—
(a) recording of words in a permanent and legible form; and
(b) recording of words by electronic means that can be retrieved and read; and
(c) display of words by any form of electronic or other means of communication that is subsequently recorded by electronic means that can, by any means, be retrieved and read
WTO Agreement means the World Trade Organisation Agreement signed in Marrakesh in 1994, as revised or amended from time to time.
(2) In the case of an entity that is a convention country but is not a State, part of a State, or a territory for whose international relations a State is responsible, a reference in this Act to an application for protection in a country must be read as a reference to an application for protection under the rules of the entity.
6 Meaning of use of sign
In this Act, unless the context otherwise requires, every reference to—
(a) the use of a sign in relation to goods is a reference to the use of the sign on, or in physical or other relation to, goods:
(b) the use of a sign in relation to services is a reference to the use of the sign in relation to the provision or availability of services:
(c) the use of a sign in relation to goods or services (as the case may be) includes a reference to the audible use of the sign in relation to goods or services.
7 Meaning of use of trade mark
(1) In this Act, unless the context otherwise requires, use, in relation to a trade mark, includes—
(a) use in a form differing in elements that do not alter the distinctive character of the trade mark in the form in which it was registered; and
(b) applying the trade mark to goods or services or to materials for the labelling or packaging of goods or services in New Zealand solely for export purposes; and
(c) the application in New Zealand of a trade mark to goods or services to be exported from New Zealand, and any other act done in New Zealand in relation to those goods or services that, if done in relation to goods or services to be sold or otherwise traded in New Zealand, would constitute use of a trade mark in relation to those goods or services for which the use is material under this Act or at common law; and
(d) the use of the trade mark by—
(i) the owner; or
(ii) if the owner is a collective association, a member of the collective association.
(2) References in this Act to use of a trade mark by the owner includes use by a person other than the owner if that use is authorised by, and subject to, the control of the owner.
(3) The use of the whole of a registered trade mark is also a use of any registered component part of a trade mark registered in the name of the same owner.
8 Act binds the Crown
This Act binds the Crown.
>>>>>>> NOW HERE – IS WHERE <<<<<<<
ALL THOSE “PENALTIES” CLAUSES of 181 > 187
ACTUALLY NOW – COME TO THE FORE
And “means” - that YOU – “should have” - read it all.!
No – !
Not JUST the first few sections
“BUT IT ALL”
As often (as it states in) here..
SECTION SUCH AND SUCH
“over-rides all before it”
Especially with respect to:
Priority Rights Holders
whom have “pre-dated” historical usages
OF YOUR MARK
(prior to your date of registration)
AND – “as such” ..!!!
All “Un-Registered PRIOR dated” Trade Marks
HOLD MORE LEGAL RIGHT
THAN YOUR (later) REGISTERED MARK
(especially if attempting to “leverage” the rights away from them)
Part 2—Registrability of trade marks
Nature of registered trade mark
9 Nature of registered trade mark
(1) A registered trade mark is personal property.
(2) Equities in respect of a registered trade mark may be enforced in the same way as equities in respect of any other personal property.
Rights that attach to registered trade marks
10 Rights that attach to registered trade marks
(1) The owner of a registered trade mark has, in relation to all or any of the goods or services in respect of which the trade mark is registered, the rights and remedies provided by this Act and, in particular, has the exclusive right to—
(a) use the registered trade mark; and
(b) authorise other persons to use the registered trade mark; and
(c) assign or transmit the registered trade mark (either in connection with the goodwill of a business or not); and
(d) give valid receipts for any consideration for any such assignment or transmission.
(2) For the purposes of subsection (1)(a), a member of a collective association that owns a collective trade mark that is registered in respect of goods or services—
(a) has, along with the collective association, the exclusive right to use the trade mark in respect of those goods or services; and
(b) does not have the right to exclude any other members from using the trade mark in respect of goods produced or services provided by the other members.
11 Additional matters that relate to rights attaching to registered trade marks
Subject to section 100, the rights referred to in section 10—
(a) are subject to any conditions entered on the register in relation to the registered trade mark; and
(b) accrue from the deemed date of registration of the trade mark; and
(c) are conferred in respect of each of the registered trade mark’s component parts that are registered as separate trade marks; and
(d) are to be exercised by joint owners, if any, of the registered trade mark as if they were the rights of a single person.
Rights that attach to application
12 Rights that attach to application
(1) An applicant may assign or transmit the applicant’s application (whether made before or after the commencement of this Act).
(2) An application for registration of a trade mark is personal property.
(3) Equities in respect of an application for registration of a trade mark may be enforced in the same way as equities in respect of any other personal property.
Registrability of trade marks: general
13 When trade mark registrable
(1) If all the requirements set out in subsection (2) are met, a trade mark is registrable under this Act in respect of the following:
(a) particular goods or services within 1 or more classes:
(b) particular goods and services within 1 or more classes.
(2) The following requirements must be met:
(a) an application for the registration of the trade mark must be made in accordance with this Act:
(b) all prescribed fees, if any, must be paid in respect of the application:
(c) the Commissioner must be satisfied that there are no absolute or relative grounds set out in this Part that would prevent the registration of the trade mark.
14 Additional provisions that relate to registrability of certification trade marks
A certification trade mark in respect of goods or services—
(a) may be registered in the name, as owner, of the person who certifies the goods or services; but
(b) may not be registered in the name of a person who carries on a trade in goods or in services of the kind certified.
15 Additional provisions that relate to registrability of collective trade marks
A collective trade mark may be registered in the name of a collective association, as owner, in respect of goods produced by its members, services provided by its members, or both.
16 Commissioner’s preliminary advice regarding distinctive character of trade mark
(1) The Commissioner must, if required by a person who proposes to apply for the registration of a trade mark, advise the person whether, in the Commissioner’s opinion, the trade mark has a distinctive character.
(2) A person who is advised under subsection (1) that a trade mark has a distinctive character is entitled to be repaid any fee that the person paid on the filing of the application if,—
(a) within 3 months after the Commissioner gave that advice, the person applies for the registration of the trade mark; and
(b) the Commissioner rejects the application on the basis that the trade mark has no distinctive character.
(3) A person entitled to a refund under subsection (2) must withdraw the application before the payment of that refund.
AND HERE … IS THE (best) BIT — I “really” ? LIKE
As I have the “priority rights” of:
(and all other generic variants that I frequently use)
All extensively WELL KNOWN - both within & outside NZ
And I have some – dating all the way “back” – to 1965.!
Although – I have ONLY ever bothered to:
“collate the ones from 1998 onwards”
(for a more recent – 2012 “claimed” case)
Subpart 3—Relative grounds for not registering trade mark
Registrability of identical or similar trade marks
25 Registrability of identical or similar trade mark
(1) The Commissioner must not register a trade mark (trade mark A) in respect of any goods or services if—
(c) it is, or an essential element of it is, identical or similar to, or a translation of, a trade mark that is well known in New Zealand (trade mark D), whether through advertising or otherwise, in respect of those goods or services or similar goods or services or any other goods or services if the use of trade mark A would be taken as indicating a connection in the course of trade between those other goods or services and the owner of trade mark D, and would be likely to prejudice the interests of the owner.
(2) Section 26 overrides subsection (1).
The Commissioner must register trade mark A if—
(a) the owner of trade mark B, trade mark C, or trade mark D (as the case may require) consents to the registration of trade mark A;
THANKFULLY — I HAVE NEVER EVER ALLOWED ANY ONE ELSE (apart from Hinge Services Central Limited (my own registered NZ Company) ANY RIGHT .. to any part .. of my “priority” pre-existing QUIX Trading MARK.
Thus.. Section 26 (a) DOES NOT APPLY.
& Section 25 STANDS.
MY “QUIX.co.nz” Top Level Domain Name
Registered with Telecom NZ, (and renewed continuously ever since)
Used as a WRITTEN form on Emails (World Wide) since 2003
And thus also “used” in written communications elsewhere as well
AS A COPYRIGHTED FORM
1965, 1985, 1999/1999, 2002, 2006 & 2008 QUIX ™(c)
Via Industrially “applied usages”
(in a continuously contiguous form over the years)
ALWAYS ADVERTISED WORLD WIDE
Therefore do (according to the 2002 NZ Trade Marks Act)
Blow any “2008 – 2010 – 2012″
LATER REGISTERED TRADE MARK CLAIMS
Right out of the area.!
Especially when the Registered MARK (cliamed)
Has “only” ever been classified for:
The PLUMBING & Related Building Industries
(And NOT applied to Internet Domain Name Registration)
Can an UN_REGISTERED TRADE MARK
With a ”CLAIMED” creation date of February 2008
EVER BE USED in the NZ “Common Law” Of TORT
Against another Un-Registered Trade Mark
(OF THE EXACT SAME NAME)
Which in WRITTEN “fully verifiable evidence”:
Has dated documentation reaching “BACK” past 1998
A FULL TEN YEARS OF PRIORITY BEFOREHAND
As hard as it is to believe:
This gets even better – eh?
38 When Commissioner or Court may amend application
(1) The Commissioner or the Court, as the case may be, may at any time (whether before or after acceptance) correct any error in connection with the application.
(2) Section 37(2)(b) overrides subsection (1).
Acceptance or rejection of application
39 Examination of application
The Commissioner must examine an application in order to determine whether it complies with the requirements of this Act.
Subpart 6—When registration of trade mark ceases
Duration of registration
57 Duration of registration
(1) The duration of the registration of a trade mark under this Act is effective for a period of 10 years commencing on the deemed date of registration unless the trade mark ceases to be registered before the expiration of that period.
(2) This section does not apply to a trade mark first registered under the Trade Marks Act 1953.
Voluntary cancellation of registration of trade mark
61 Voluntary cancellation of registration of trade mark
The registration of a trade mark may be cancelled by the owner in relation to all or any of the goods or services in respect of which it is registered.
Mandatory cancellation or alteration of registration of trade mark
62 Cancellation or alteration of registration of trade mark for breach of condition
The Commissioner or the Court, as the case may be, may , on the application of an aggrieved person or on the Commissioner’s own motion, make an order that cancels or alters the registration of a trade mark on the ground of failure to comply with a condition entered on the register in relation to the trade mark.
63 Cancellation or alteration of registration of certification trade mark
The Commissioner may, on the application of an aggrieved person or on the Commissioner’s own motion, require that any entry in the register that relates to a certification trade mark be cancelled or altered, or that the deposited regulations be altered, on any of the following grounds:
(a) that the owner is no longer competent to certify any goods or services in respect of which the certification trade mark is registered:
(b) that the owner has not complied with the deposited regulations:
(c) that it is not in the public interest for the trade mark to be registered:
(d) that it is in the public interest to alter the regulations.
64 Cancellation or alteration of registration of collective trade mark
The Commissioner may, on the application of an aggrieved person or on the Commissioner’s own motion, require an entry in the register that relates to a collective trade mark to be cancelled or altered on any of the following grounds:
(a) that the collective association concerned is an unlawful association under any enactment; or
(b) that the collective association concerned no longer exists; or
(c) that it is not in the public interest for the trade mark to be registered.
Revocation of registration of trade mark
65 Application for revocation of registration of trade mark
(1) An aggrieved person may apply to the Commissioner or the Court for the revocation of the registration of a trade mark.
(2) The Commissioner or the Court may refuse any application for the revocation of the registration of a trade mark that is vexatious.
((((( And thus: the reverse must also also hold true )))))
((((( if the registration was false & vexatious - itself )))))
66 Grounds for revoking registration of trade mark
(1) The registration of a trade mark may be revoked on any of the following grounds:
(iii) the word is or the words are the only practicable name or description of the article, substance, or service:
68 Revocation of registration of trade mark
(1) If grounds for revocation exist in respect of only some of the goods or services in respect of which the trade mark is registered, revocation relates only to those goods or services.
(2) If the registration of a trade mark is revoked to any extent, the rights of the owner, to that extent, cease on—
(a) the date of the application for revocation of the registration of the trade mark; or
(b) if the Commissioner or the Court is satisfied that the grounds for revocation of the registration of the trade mark existed at an earlier date, that date.
Disclaimer of use of trade mark
69 Voluntary disclaimer of trade mark by owner
The owner of a trade mark may disclaim any right to the exclusive use of any part of the trade mark.
70 Disclaimer of trade mark as condition of not revoking its registration
If the grounds specified in section 66(1)(c) or (d) exist, the Commissioner or the Court may, as a condition of the registration of a trade mark not being revoked, require the owner of the trade mark to disclaim any right to the exclusive use of a word or words in relation to any goods or services.
71 Disclaimer of trade mark for public interest reasons
If, in determining whether a trade mark is to be registered or is to remain on the register, the Commissioner or the Court considers that there are public interest reasons for doing so, the Commissioner or the Court may require, as a condition of its being on the register, that the owner—
(a) disclaims any right to the exclusive use of any part of the trade mark; or
(b) makes any other disclaimer that the Commissioner or the Court considers necessary for the purpose of defining the owner’s rights under the registration.
72 Rights affected by disclaimer
A disclaimer on the register affects only those rights of the owner of a trade mark that arise out of the registration of the trade mark in respect of which the disclaimer is made.
Invalidity of registration of trade marks
73 Invalidity of registration of trade mark
(1) The Commissioner or the Court may, on the application of an aggrieved person (which includes a person who is culturally aggrieved), declare that the registration of a trade mark is invalid to the extent that the trade mark was not registrable under Part 2 at the deemed date of its registration.
(2) Despite subsection (1), the registration of a trade mark that has acquired a distinctive character after its registration must not be declared invalid even though the trade mark was not registrable under section 18(1)(b), (c), or (d) at the deemed date of its registration.
(3) The Commissioner or the Court, as the case may be, may refuse any application for a declaration of invalidity that is vexatious.
74 Effect of declaration of invalidity
(1) If the registration of a trade mark is declared invalid to any extent,—
(a) the trade mark is, to that extent, to be treated as if it had not been registered; and
(b) the Commissioner may alter the register accordingly.
(2) The validity of any transaction that occurred in respect of a registered trade mark before the registration of the trade mark was declared invalid is not affected.
75 Presumption of validity of registration of trade mark
The registration of a trade mark is, after the expiration of 7 years from the deemed date of registration, deemed to be valid unless—
(a) the registration was obtained by fraud; or
(b) the trade mark should not have been registered on any of the grounds set out in section 17(1); or
(c) the registration may be revoked on any of the grounds set out in section 66.
And so…….. ?
Where to from here.!
Well obviously.. Court (of some form or other),
Even if it’s not resolved first by the realisation .. that a serious misconduct or a difinitive deleriction of duty, has once again brought the Auckland Plumbers to try to leverage a commercial gain again, on a different aspect of my legitimat business activities.
So? What are my “LEGAL” remedies.. lets look to the 2002 NZ Trade Mark Act “again” shall we.?
Part 4—Legal proceedings
Subpart 1—Civil proceedings for infringement
How Act affects other rights
88 How Act affects other rights
Nothing in this Act affects—
(a) the law relating to passing off; or
(b) rights under the Fair Trading Act 1986; or
(c) rights under the Geographical Indications Act 1994.
91 No defence that infringement arose from use of company name
In an action for infringement of a trade mark, it is not a defence that the infringement arose from the use of the name under which a company has been registered.
By “deliberately” REGISTERING (in Auckland in 2010)
MY PRIORITY PROTECTED /TRADE MARK /COPYRIGHT /NAME BRAND:
As their “so-called” TWO New Zealand Company Names..
There IS no defence that they can raise ..
as to there “being” any LEGAL RIGHT —
to have so infringed upon my PRIOR EXISTING
(well documented & excessively well advertised)
TRADE MARK ..
WHEN THEY DID .. not do — due diligence even then,
to actually agressively “seek out my BRAND EXISTANCE.
Does not therefore constitute a legal right of defence .. that as they REGISTERED THEIR COMPANIES with my QUIX
They cannot claim it as defence of infringement upon my
Simply because they thought they could get away with it
And then there is “this”:
Acts not amounting to infringement
92 No infringement where trade mark used in circumstances not covered by registration
A registered trade mark is not infringed by the use of a trade mark in any way or in any circumstances to which, having regard to any conditions entered on the register in relation to the trade mark, the registration does not extend.
Ok.. lets go “check’ (again) shall we, as I am “certain” that it was ONLY in just ONE class.
That of “plumbing”.
”QUIX.co.nz” is my Internet Email Postal Services DOMAIN NAME & as such: It is “not a part of the plumbing classification”.
Here is the class that REGISTERED MARK is “registered” within. Remembering that ANY ACTIVITY of “abusing” a registered mark “outside” of it’s class, exposes the OWNER (of that mark) to severe criminal penalties, under the 2002 NZ Trade Mark Act.
>>> ”QUIX” via my own (lifelined) background records..
In 1965 I first coined this from Qu (ick f) ix = QU + IX = QUIX
Auckland Plumbers in 2008 “claim” they got theirs from?
Qui (ck) ? (e) X (pert) ?
How they got there baffles me. ? (and you too - I daresay).
As would it NOT have been simpler to just say?
Quert = as in “Qu (ick – exp) ert” ?
Aparently NOT because-
Somehow I was attacked in 2011 by the “claim”
(by a couple of Auckland Plumbers)
whom told the Plumbing Regulatory Board,
That I was “advertising” on my?
http:// QUIXNZ (.wordpress.com/) web info page
(I will include the actual link at the bottom of this article, as by then, you will be truely able to understand, the immense amount of writting that I have had to undertake in responding to, and collating deffence documentation in order to protect, and then to also keep my various business activities organised (as well as keep my committment “up’ to the other board directors commitments that I must adhere to,
such that all of these “claims” such as
That I was “holding my self OUT — as a PLUMBER
(installing sanitary services)
via my QUIXNZ brand
Which is “another” well known HANDLE — of mine
(brand name / TRADE MARK / username)
Since 2007 when I NAMED my “Windows Live Spaces”
& Windows Live – SKYDRIVE (photo albums)
Oh & yes:
there’s even a QUIX_PIX “tiny.cc” which will get you there
It seems to – NOW BE?
(or it will be if they can illegally squeeze it out of me)
Thus .. after the Plumbing Regulatory Board .. ran against:
A BIG SOLID WALL OF LEGAL DEFENCE
When they “accused” me & tried to “force me” to STOP “sub-contracting” PLUMBERS .. in my line of business.
THEY WITHDREW THEIR ACTION
The same Auckland based Plumbers..
Are now – “attacking me again”
No- NOT through “normal legal channels”
(where they would instantly fail)
But through the NZ DNS Disputes Service.
Claiming that their 2010 PLUMBERS TRADE MARK
Somehow infringes my well documented:
1965, 1985, 1998, 1999, 2002, 2006 & 2008
COPYRIGHTED (UN_REGISTERED) TRADING MARK
By being just ONE of my:
250+ “usernamed” ISP hosted WEB domain names
Just because they:
COULD NOT DO A GENERAL WEB SEARCH
Of the written sentence of :
” “QUIX.co.nz” “
Which if done correctly, ?
DOES NOT aim at a “non existant” SINGLE URL
But Aims towards >>> “a sentence”
Where it is “written” on about 1,500 or more pages
MANY “MANY” YEARS PRIOR to 2008
(when they “claim” to have coined the somewhat difficult)
Quick Expert “advice” (into) QUIX ? in February of 2008
Which is a descriptive services TERM & “non-registerable”
? 2008 ?
That’s the same year in fact..
THAT I HAD ALREADY ALSO REGISTERED:
MY 2 BEST UNREGISTERED TRADEMARK USERNAMES
After having them “exposed” (advertised) on the www
Since 2006/2007 via Microsoft’s Windows Live MSN
& Via their SKYDRIVE “photo” storage website.
& on twitter & wordpress, bogger & google &…
ALL PROVING beyond any shadow of doubt.!
That somethning really fishy is going “on” here
As ALL of my MARKS
Are now being either deliberately Hi-Jacked, Typosquatted upon & / or Cybersquatted upon.
Especially that of my:
“QUIX & QUIX-NZ & QUIXNZ”
All of which are “somehow?
THEIRS (in just two years)
When I have “created & held” mine
Since the first in 1965
(generically altering them in literally “many” ways)
11 twitter accounts (prior to 2011)
15 wordpress accounts including QUIXPLUMBING
In 2007 I had already formed QUIXNZ at Windows Live
(with nearly 90 QUIX photos uploaded)
7 Blogspot accounts pre-dating 2007
I run Facebook (on 3 accounts)
1 “main” youtube
with 2 & 1/2 others as well
(1/2 because we still can’t remember how we did the 1st)
Thus youtube has QUIX , QUIX4U & QUIX4U2
I have been profiled on Google for a long time,
an Uploader (of photos & info) to Wikimedia Commons,
My QUIX is advertised on Wikia Tractors
via: Mitsubishi Pickup Trucks
My ”personal username” QUIX4U is BLOGGED everywhere >>>
I am in the final stages of expanding into USA Markets.
A couple of harrassers:
are (now) abusing their Registered Trade Mark
in order to “steal” my “QUIX.co.nz” Domain NAME
AND THEY ALSO WANT ALL OF MY INTERNET BLOGS
That have absolutely NO relevance to PLUMBING or to a
PLUMBING TRADE MARK CLASSIFCATION
Unless my 1965 invention:
Of an analogue AUDIO 7 channel surround sound system? Has suddenly become some sort of a “plumb”
I’m just a “david” (of sorts)
That a BIG GOLIATH has been throwing rocks at..?
But … Now the MONSTER
(whom was asleep behind me)
Wants to BITE “Goliath” instead
That MONSTER .. is my (own) 1965 BRAND
As well as that of a 1999:
NEW ZEALAND REGISTERED COMPANY
(and of an “incoming” American Investor)
A brand that I have worked LONG AND HARD
Everywhere, not the least of which is now splattered
(across all mediums, since 1965)
They have finaly woken a “MONSTER” asleeping beside me
Someone wants to “PUSH ME ” (again) do they.?
I wonder how hard they will run away (this time)..
when they KNOW that I have absolutely NO intention..
of relinquishing my VALUABLE hard earned:
BRAND NAME (goodwill) Product Name, IP
Including that of the QUIX invention I invented
Upon which I took World Patent Applications upon..!
(in no less than 90 signatory countries .. in 1998).
QUIX INTERLOCKING MODULAR HINGE SYSTEM
NZ Pat: 330552, Aust. Pat: 764567
& the SWISS WIPO
Oh & Talking of the “swiss” WIPO
That place in Geneva where:
ALL PATENT, Trademark & Copyright LAW is “held”.
It’s an email trev & look whois:
“it” ? From:
Ok .. That’s sweet now you KNOW where that:
2002 NZ Trade Mark Act “info” came from (for me)
Is a fine not exceeding $150,000 or a term of imprisonment of up to 5 years ..
NOT a big enough incentive to “stop” people harrassing
And to thus “starting” to treat me with respect.
Or.. am I going to have to “tell’ that monster:
Where it can “READ ALL ABOUT THIS”
& eventually “reveal” where we have been hidding
ONE domain in 6 — (all of this time).
By finally fixating a “fixed” URL
& thus an extremely invisible “static” web site
Will suddenly become your worst nightmare
As others discover what you have done.
Something no-one knew that I would want ONE url to do.
>>> choose your web engine search provider >>>
Paste the entire contents of the next line
(into your browser as)
” “QUIX.co.nz” ”
Then hit go.?
The reason I double quoted that ” “sentence” ”
is extremely easy to understand..
IF.! If you stop and think a bit first.
All single URL’s by default (without quotations)
gets ONE HIT (stuck) with a single pin.point
somewhere upon the inernet.
Such that if one doesn’t USE a webpage very often
(or simply doesn’t use it at all - as a visual medium)
But instead “provisions” it ONLY for emailing..
Then to what purpose would it be needed HERE for .. ?
To be forcefully required
(on pain of being threatened by you – as I am today)
With a “claim” that my emailing Domain name ..
Somehow isn’t working .. as just a website.?
Oh boy, How wrong you wish that I wasn’t too.
But no — I work really really hard, in Administration.
Last Night .. I ‘started work’ (again)
after an eventfull full-on day elsewhere.
I haven’t been to bed yet & already it’s after 7:25 am
You know — that TIME in a day ..
When everyone else is starting to wake UP again.
And now .. some of “those” DAYLIGHT workers..
Are suggesting that I do not utilise my Domain name ..
Just because it doesn’t allow them to do one:
BASIC BROWSER GOTO
& land on an exact URL!
Because if one that used to do that ..
& it simply “aim” into space - with no URL
It will soon be deliberately provisioned
To stop it’s hidden FLOAT
over hundreds of pages .. by the 2 ” “double quote” “
but when just bundled
It was a web-wide “general expression search”.?
Now that in itself was:
a SERIOUS internet based WEB traffic medium.
Thus who but you
Not in their right mind ..
then “pokes” that hidden web domain OUT
into the sunlight for all to see…
just so that someone (else) doesn’t need
to DIG DEEPER – to find the truth hidden
down deep below the surface?
I already RUN five other Top Level Domain Names,
AND maintain about 250 more,
Plus I oversee many “sub-contractors” ..
Whom RUN my various enterprises as they have before ..
WITHOUT my constant input…
Officially I retired years ago – or was that just (re) “tired”.
I have way bettter things to “do” with my limited time ..
Than to go chasing someone elses rainbows,
or into digging youe farm trenches,
or cleaning out and fixing - someone elses mistakes
That’s what PLUMBING Sub-Contractors
Were always employed for.
I “utilise” the other four letter (cleaner) word.
And – prefer “PLAY” .. instead of just WORK.
As an Ownwer/ sole shareholder/ CEO
+ (unpaid everything else).
Why would I want to DO “work”.
After all —I WORK for free .. would you?
Unless one is like myself, and doesn’t need the greenback
MY income stream is NOT derived from Businesses I own.
As my main form of income .. is actually “sourced”
Somehere else entirely – & it’s an eternal resource.
Outside my internet SERVER - that services my enterprise
Anyways.. enough of that …
Here’s aother clue.
Why work .. ?
when someone else (like a registered plumber)
wants to do ALL that hard work .. for a “sub-contract” fee.
Me — I’m off to “play” some more ..
(as I’m forming a new company where I will have to work).
Whilst (my) 1965, 1985, 1999, 2002, 2006 & 2008 “QUIX”(tm)(c) Business RUNS ITSELF,
& works silently behind me (in the deep dark shadows)
As the Central Nervous System for all SIX master websites & hundreds of indeterminate smaller ones .. by the score
As all around the world, I own, operate or maintain ..
too many to assist, inform, on-sell & sub-contract from.
But if you want..?
YOU can follow me..
Anywhere U like..
Oh & TALKING of that – try LIKE .. it’s that facebook thing
Tep: QUIX4U is on Facebook 2 – or is that just 3.
(which actually terminates into his QUIX-NZ’s “face” site)
So too have we (“Gonewalkabout Quixnz”) via:
Hinge Services Central Limited’s on our old WAP CT
BUSINESS 0275 QUIX C/T
02745 (QUIX) C/ellular & T/ext”
It’s a faceless (cellphone number based) F/B uploader.
That even has a NAMED FB WEBPAGE for it to rest upon(as it’s an know number, via cellular at Telecom)
Whilst out back, it’s Owner just gets “faced”
there as well … Because (see).?
Keith Clare is doing really fine.
He’s also working hard out — over on Google via:
Whilst his other business for pleasure
(free give away E_Flowers4U business)
..trades all over the world..
Selling FREE HUMOUR to everyone.
Via those E_Flowers4U gift cards, that are GIVEN,
to as many people on the streets, roads, & cities
in New Zealand, as well as given to any “foreigner”
Hitch-Hiking through NZ,
Whom is not only blessed with a good FREE RIDE ..
(somewhere in NZ - to then be “able” to – also take home)
ACROSS any International Border (world wide)
One .. very Unique NZ Business Card .. UC
Hidden as it is there too…
Deep within the zero fragrance Virtual E_Flowers4U
.. that they take home to their respective countries..
to “plant” the seeds of my inventions when they get back, MY QUIX4U business interests & products – yes it’s a fact
Oh and yes,
They actually do get those E_Flowers4U “2″.
That’s them… ON THE CARD.
A Single RED @ Rose &
A tall GREEN ! Leaf +
A wee BLUE * Carnation …
(covered in frost)
All gently _-\wrapt/-_ in ?
it’s own ”Pink.Tinsell.Paper” 2
Go plant my E_Flowers4U
(And make someone elses day – really good too)
Ok >>> It’s time for U2.Go “a-wandering-on”: