Trade Marks Act 2002

Legal proceedings - Criminal proceedings - Offences and penalties

120: Offence to counterfeit registered trade mark

You could also call this:

"It's against the law to make fake copies of registered trade marks"

If you make a fake version of a registered trade mark to try to make money or cause someone to lose money, you are breaking the law. This is called counterfeiting a registered trade mark.

There are two main ways you can counterfeit a trade mark:

You can make a new sign that looks just like, or very similar to, the real trade mark. If you do this on purpose to trick people, it's illegal.

You can also take a real trade mark and change it. This could mean adding to it, taking parts away, or altering it in any way. If you do this to make it look different, it's also against the law.

Remember, you can only do these things if the owner of the trade mark says it's okay. If you don't have their permission and you do it anyway, knowing that it's wrong, you're committing a crime.

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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=DLM165024.


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Part 4Legal proceedings
Criminal proceedings: Offences and penalties

120Offence to counterfeit registered trade mark

  1. Every person commits an offence who, with the intention of obtaining a gain for himself or herself or any other person or of causing loss to any person, counterfeits a registered trade mark.

  2. For the purposes of subsection (1), a person counterfeits a registered trade mark if, without the consent of the owner of the registered trade mark, the person knowingly—

  3. makes a sign that is identical to, or similar to, the registered trade mark so as to be likely to deceive; or
    1. falsifies a genuine registered trade mark, whether by alteration, addition, effacement, partial removal, or otherwise.