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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23058
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a member of an organisation which operates in many

Customer Question

I am a member of an organisation which operates in many countries. The normal situation is for there to be a Service Centre to meet the record keeping and promotional needs of members. They all operate under the same Name and it is usual for the Centre to register the name with the purpose of protecting it against abuse by outside parties. In our case the Centre was granted the registration of the name which effectively gave it ownership. When our local organisation was established we received from the Centre operating at that time a letter of confirmation that we were now entitled to call ourselves by the commonly held name and that we were entitled the freedom to run our business . The present Centre which managed to secure the registration has notified us that they now wish us to shut down or change our name. The name is ***** ***** us and we do not wish to do so. We were granted its free use before the new Centre came into operation and years before they registeredit. Since we can claim and prove widespread prior use would that tell in our favour ?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

If the licence to use the name was not for a set period of time then they may not be able to require you to withdraw this right. That was granted to you, and unless you have breached the term of the licence or there is a right contained in the documents to withdraw the use, then you appear to be on fairly solid ground.