Trade Marks Act 2002

Legal proceedings - Civil proceedings for infringement - Acts amounting to infringement

91: No defence that infringement arose from use of company name

You could also call this:

"You can't avoid trouble by saying you used a trade mark as a company name"

You should know that if someone uses a trade mark without permission, they can't defend themselves by saying they were just using a company name. Even if a company is officially registered with that name, it doesn't give them the right to use someone else's trade mark. This rule applies when someone takes legal action because their trade mark was used without their okay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164682.


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90: Infringement where non-compliance with certain contractual requirements, or

"Breaking the rules about using trademarked goods"


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92: No infringement where trade mark used in circumstances not covered by registration, or

"Using a trade mark in ways not included in its registration is okay"

Part 4Legal proceedings
Civil proceedings for infringement: Acts amounting to infringement

91No defence that infringement arose from use of company name

  1. 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.