Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

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

97: No infringement for use in relation to certain identical or similar goods

You could also call this:

"Allowed use of trade marks on certain goods"

You don't infringe on a registered trade mark for goods if you use it on identical or similar goods in trade, as long as certain conditions are met. These conditions are:

  1. The owner or someone they've given permission to use the trade mark (a licensee) has put the trade mark on the goods or on a large amount of goods that includes the ones in question. They haven't later taken it off or covered it up.

  2. The owner or licensee has agreed that you can use the trade mark on these goods.

This rule helps protect you from accidentally breaking trade mark rules when you're dealing with goods that have been properly marked by the trade mark owner or someone they've allowed to use their trade mark.

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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=DLM164691.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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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"

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97A: Exhaustion of rights conferred by registered trade mark, or

"How goods with registered trade marks can be sold without breaking the law"

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

97No infringement for use in relation to certain identical or similar goods

  1. A trade mark registered in respect of goods is not infringed by its use in relation to identical or similar goods connected in the course of trade with the owner or licensee if, as to those goods or a bulk of which they form part,—

  2. the owner or licensee has applied the trade mark and has not later removed or obliterated it; or
    1. the owner or licensee has consented to the use of the trade mark.

      Notes
      • Section 97: replaced, on , by section 15 of the Trade Marks Amendment Act 2011 (2011 No 71).