Trade Marks Act 2002

Legal proceedings - Civil proceedings for infringement - Acts not amounting to infringement

93: No infringement where more than 1 identical or similar registered trade marks used

You could also call this:

"Using a registered trade mark is okay, even if it looks like another registered one"

You might have two trade marks that look the same or very similar. If both of these trade marks are officially registered, you can use either one without getting in trouble. This means if you use one of these registered trade marks for the goods or services it's meant for, you're not breaking any rules about the other trade mark. It's okay to use your registered trade mark, even if it looks like someone else's registered trade mark.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164685.


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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"


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94: No infringement for comparative advertising of registered trade mark, or

"It's okay to mention other brands in your ads to compare them with yours, as long as you're fair"

Part 4Legal proceedings
Civil proceedings for infringement: Acts not amounting to infringement

93No infringement where more than 1 identical or similar registered trade marks used

  1. A registered trade mark is not infringed by the use of another registered trade mark in relation to any goods or services for which that other trade mark is registered.