Trade Marks Act 2002

Legal proceedings - Civil proceedings for infringement - Unjustified proceedings

105: Unjustified proceedings

You could also call this:

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

This law is about what happens when someone takes legal action against you for using a registered trade mark when they shouldn't have. If this happens to you, you can ask the court to say that the person was wrong to take you to court. You can also ask the court to make them pay you money for any losses you had because of their actions.

However, the court won't help you if the person who took you to court can prove that you really did use their trade mark without permission.

It's important to know that lawyers can't be blamed for doing their job. If a lawyer takes you to court on behalf of their client, you can't use this law against the lawyer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165004.


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104: Consequences of licensee commencing proceedings, or

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


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106: Types of relief available for infringement of registered trade mark, or

"What can happen if someone uses your trade mark without permission?"

Part 4Legal proceedings
Civil proceedings for infringement: Unjustified proceedings

105Unjustified proceedings

  1. If a person brings proceedings alleging an infringement of a registered trade mark, the court may, on the application of any person against whom the proceedings are brought,—

  2. make a declaration that the bringing of proceedings is unjustified:
    1. make an order for the payment of damages for any loss suffered by the person against whom the proceedings are brought.
      1. The court must not grant relief under this section if the person who brings the proceedings proves that the acts in respect of which proceedings are brought constituted, or would have constituted if they had been done, an infringement of the trade mark concerned.

      2. Nothing in this section makes a barrister or solicitor of the High Court of New Zealand liable to any proceedings under this section in respect of any act done in his or her professional capacity on behalf of a client.

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