Trade Marks Act 2002

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

95: No infringement for honest practices

You could also call this:

"Using trade marks honestly for business is allowed"

You won't break the law if you use a registered trade mark in an honest way for business. This means you can use your own name or the name of your business, or the name of someone who owned your business before you. You can also use signs that tell people about your products or services, like what they are, how good they are, how many there are, what they're for, how much they cost, where they come from, or other details about them. You can even use signs that show when you made your products or when you provide your services. It's also okay to use the trade mark if you need to show what your products or services are for, especially if they go with or fix other products.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164687.


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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"


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96: No infringement for certain continuous use of unregistered trade mark, or

"You can keep using your old trade mark even if it's like a new registered one"

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

95No infringement for honest practices

  1. A person does not infringe a registered trade mark if, in accordance with honest practices in industrial or commercial matters, the person uses—

  2. the person's name or the name of the person's place of business; or
    1. the name of the person's predecessor in business or the name of the person's predecessor's place of business; or
      1. a sign to indicate—
        1. the kind, quality, quantity, intended purpose, value, geographical origin, or other characteristic of goods or services; or
          1. the time of production of goods or of the rendering of services; or
          2. 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).