You can't take legal action to stop someone from using a trade mark that isn't registered. This means if you haven't officially registered your trade mark, you can't sue someone for using it or ask for money if they do use it. The law only protects trade marks that have been properly registered.
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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164696.
98A: No infringement through use of registered geographical indication, or
"Using a special place name on a product doesn't break someone's trade mark"
100: Time for bringing proceedings for infringement of registered trade mark, or
"When you can sue someone for using your registered trade mark without permission"
No person may bring proceedings to prevent, or to recover damages for, the infringement of an unregistered trade mark.
