Trade Marks Act 2002

Legal proceedings - Criminal proceedings - Offences and penalties

123: Offence to possess object for making copies of registered trade mark, etc

You could also call this:

"It's against the law to keep something that can make fake trade marks"

You commit an offence if you have something that's made for copying a registered trade mark or a sign that looks like one. This applies even if the copy isn't exactly the same but could be mistaken for the real trade mark. You're breaking the law if you plan to use this object to commit certain crimes related to trade marks. These crimes are described in sections 120 and 121 of the Trade Marks Act. However, you won't be in trouble if you have a good reason or permission to have this copying object.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165031.


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122: Offence to make object for making copies of registered trade mark, etc, or

"It's against the law to make things that copy trade marks"


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124: Offence to import or sell, etc, goods with falsely applied registered trade mark, or

"It's illegal to bring, sell, or have goods with fake trade marks for business"

Part 4Legal proceedings
Criminal proceedings: Offences and penalties

123Offence to possess object for making copies of registered trade mark, etc

  1. Every person commits an offence who, without lawful authority or excuse,—

  2. has in the person's possession, custody, or control, an object specifically designed or adapted for making copies of a registered trade mark or a sign that is likely to be mistaken for that trade mark; and
    1. intends the object to be used for, or in the course of, committing an offence against section 120 or section 121.