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Trade Marks Act 2002

Legal proceedings - Civil proceedings for infringement - Types of relief available for infringement

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

You could also call this:

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

If someone breaks the rules about using a registered trade mark, you can ask the court for help. The court can do two main things to help you:

  1. They can tell the person who broke the rules to stop doing it. This is called an injunction.

  2. They can make the person pay you money. This could be to cover the damage they caused or to give you the money they made by using your trade mark.

Sometimes, if the person who broke the rules did something really bad, the court might make them pay you extra money. The court will look at how badly they broke the rules and if they made a lot of money from it.

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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=DLM165006.

Topics:
Business > Intellectual property
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"What happens if someone wrongly sues you for using their trade mark"

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107: Damages for infringement of collective trade mark, or

"Money you can get if someone uses your group's special mark without asking"

Part 4Legal proceedings
Civil proceedings for infringement: Types of relief available for infringement

106Types of relief available for infringement of registered trade mark

  1. If an application is made to the court for relief, the relief that the court may grant includes—

  2. an injunction on any terms that the court thinks fit:
    1. either damages or an account of profits.

      1. If an application is made to the court for relief, the court may grant such additional damages as the justice of the case requires, having regard to all the circumstances and, in particular, to—

      2. the flagrancy of the infringement; and
        1. any benefit accruing to the defendant by reason of the infringement.

          Compare
          • Trade Marks Act 1998 s 31(2) (Singapore)
          Notes
          • Section 106(2): inserted, on , by section 93 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).