Trade Marks Act 2002

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

104: Consequences of licensee commencing proceedings

You could also call this:

"What happens when someone with permission to use a trade mark takes legal action"

If you have permission to use a trade mark and you start legal action because someone else is using it without permission, there are some things you need to know. The person who owns the trade mark becomes part of the legal case, but they don't have to pay for it unless they decide to defend themselves in court. This means that even though you started the legal action, the trade mark owner is involved but won't have to pay for lawyers or court costs unless they choose to take part in the case.

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 It might be out of date or be missing some parts.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=DLM165002.


Previous

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"


Next

105: Unjustified proceedings, or

"What happens if someone wrongly sues you for using their trade mark"

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

104Consequences of licensee commencing proceedings

  1. If the licensee commences proceedings under section 103,—

  2. the owner becomes a defendant in the proceedings; but
    1. the owner is not liable for any costs unless the owner defends the proceedings.