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Trade Marks Act 2002

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

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

You could also call this:

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

If you have permission to use a registered trade mark, you can ask the person who owns it to take action if someone else is using the trade mark without permission. However, you and the owner must agree to this arrangement first. This rule allows you to protect the trade mark even if you don't own it yourself.

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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=DLM165000.

Topics:
Business > Intellectual property
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101: Who may apply for relief for infringement of registered trade mark, or

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

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103: Consequences of owner of registered trade mark not bringing proceedings, or

"What happens if the owner doesn't protect their trade mark when you ask them to"

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

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

  1. Subject to agreement between the parties, a licensee of a registered trade mark may request the owner of the registered trade mark to take proceedings to prevent infringement of the registered trade mark.