Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

Legal proceedings - Civil proceedings for infringement - Who may apply for relief for infringement of registered trade mark

101: Who may apply for relief for infringement of registered trade mark

You could also call this:

"Who can ask for help if someone uses their trade mark without permission"

You can ask the court for help if someone uses your registered trade mark without permission. If you own a registered trade mark, you're allowed to do this. For collective trade marks, which are owned by a group, one or more members of that group can ask the court for help on behalf of everyone. This is what you can do if someone infringes on your trade mark, which means they use it when they're not supposed to.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM164699.

Topics:
Business > Intellectual property
Previous

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"

Next

102: Licensee may request owner of registered trade mark to bring proceedings, or

"You can ask the trade mark owner to stop others from using it without permission"

Part 4Legal proceedings
Civil proceedings for infringement: Who may apply for relief for infringement of registered trade mark

101Who may apply for relief for infringement of registered trade mark

  1. The owner of a registered trade mark, or, in the case of a collective trade mark, 1 or more members of a collective association acting on its behalf, may apply to the court for relief if the trade mark is infringed.