Part 4Legal proceedings
Civil proceedings for infringement: Acts not amounting to infringement
95No infringement for honest practices
A person does not infringe a registered trade mark if, in accordance with honest practices in industrial or commercial matters, the person uses—
- the person's name or the name of the person's place of business; or
- the name of the person's predecessor in business or the name of the person's predecessor's place of business; or
- a sign to indicate—
- the kind, quality, quantity, intended purpose, value, geographical origin, or other characteristic of goods or services; or
- the time of production of goods or of the rendering of services; or
- the kind, quality, quantity, intended purpose, value, geographical origin, or other characteristic of goods or services; or
- the trade mark where reasonably necessary to indicate the intended purpose of the goods (in particular as accessories or spare parts) or services.
Notes
- Section 95(c)(ii): amended, on , by section 13(1) of the Trade Marks Amendment Act 2011 (2011 No 71).
- Section 95(d): inserted, on , by section 13(2) of the Trade Marks Amendment Act 2011 (2011 No 71).