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Trade Marks Act 2002

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

107: Damages for infringement of collective trade mark

You could also call this:

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

If someone uses a collective trade mark without permission, the group that owns it can ask for money to make up for the harm caused. When they do this, they can include any damage or lost profits that happened to any of the members in the group because of the misuse. This means that if you're part of a group with a collective trade mark, and someone uses it wrongly, your group can ask for money to cover not just the group's losses, but also any losses that you or other members had because of it.

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Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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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?"

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108: Order for erasure, etc, of offending sign, or

"Court can order removal or destruction of items with unauthorized trade marks"

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

107Damages for infringement of collective trade mark

  1. In claiming damages for infringement of a collective trade mark, the collective association that owns the collective trade mark (or the member or members taking action on behalf of that collective association) may take into account any damage or loss of profits sustained or incurred by any members as a result of the infringement.