Trade Marks Act 2002

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

108: Order for erasure, etc, of offending sign

You could also call this:

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

If someone uses a registered trade mark without permission, the court can tell them to do certain things. You might have to remove or erase the trade mark from any items you have that are using it without permission. If you can't remove it, you might have to destroy those items.

If the court thinks you won't follow these instructions, they can order someone else to remove the trade mark or destroy the items for you.

There's a special rule for fake goods (called counterfeit goods). Unless there's a very good reason not to, the court must order you to destroy these fake goods or give them to someone who will destroy them.

The court can make these orders to protect the person who owns the trade mark and to stop people from using it without permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165008.


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


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109: Order for delivery up of infringing goods, infringing material, or infringing object, or

"Court can tell people to hand over items that break trade mark rules"

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

108Order for erasure, etc, of offending sign

  1. If a person has infringed the exclusive right to use a registered trade mark, the court may make an order that requires the person—

  2. to erase, remove, or obliterate the offending sign from any infringing goods, infringing material, or infringing object in the person's possession, custody, or control; or
    1. if it is not reasonably practicable to erase, remove, or obliterate the offending sign, to destroy the infringing goods, infringing material, or infringing object.
      1. If an order under subsection (1) is not complied with, or it appears to the court likely that the order would not be complied with, the court may order that the infringing goods, infringing material, or infringing object be delivered to any person whom the court may direct—

      2. to erase, remove, or obliterate the offending sign from the infringing goods, infringing material, or infringing object; or
        1. if it is not reasonably practicable to erase, remove, or obliterate, the offending sign, to destroy the infringing goods, infringing material, or infringing object.
          1. Despite subsections (1) and (2), if any infringing goods are counterfeit goods (as defined in section 135), the court must, unless the court is satisfied that there are exceptional circumstances, make an order that requires the person who has infringed to—

          2. destroy the goods; or
            1. deliver the goods to any person the court may direct (being a person who will destroy the goods).
              Notes
              • Section 108(3): inserted, on , by section 94 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).