Trade Marks Act 2002

Legal proceedings - Border protection measures - Interpretation

135: Interpretation

You could also call this:

"Words and meanings used in this part of the law about trade marks"

In this part of the law, you'll find definitions for important words and phrases. These definitions help you understand what certain terms mean when you read the rest of the law.

An "accepted notice" is a special message that someone gives to the government about their trade mark. The government has to agree to accept this message.

The "chief executive" is the person in charge of the Customs and Excise department.

A "claimant" is someone who tells the government about their trade mark rights.

"Control of the Customs" means when the Customs department is in charge of something.

"Counterfeit goods" are fake products that use a trade mark without permission. These goods might look exactly like the real thing or be very similar and confusing.

"Customs" is short for the New Zealand Customs Service.

A "Customs officer" is someone who works for the Customs department.

An "exporter" is someone who sends goods out of the country.

An "importer" is someone who brings goods into the country.

An "infringing sign" is a symbol or mark that copies or looks very similar to someone else's trade mark. It might be used on the same kind of products or similar ones, and it could trick people.

"Specified goods" are things that are brought into or sent out of the country for business reasons, not for personal use at home.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165046.

Topics:

Business > Intellectual propertyMāori affairs > Te reo Māori

134ZF: No liability if functions performed or powers exercised in good faith, or

"People doing their job under this law can't be blamed if they try their best to do the right thing"

135A: Detention of goods suspected of bearing infringing sign, or

"Customs can hold goods they think have fake logos or brand names"

Part 4Legal proceedings
Border protection measures: Interpretation

135Interpretation

In this subpart and section 204, unless the context otherwise requires,—
accepted notice means a notice given under section 137 that has been accepted by the chief executive under section 139
chief executive has the same meaning as in section 5(1) of the Customs and Excise Act 2018
claimant means a person who gives a notice under section 137
control of the Customs is to be read in accordance with the definition of subject to the control of Customs in section 6 of the Customs and Excise Act 2018
counterfeit goods means, in relation to a registered trade mark, infringing goods that bear a sign—
1. that is identical with the registered trade mark and that is used in relation to any goods in respect of which the trade mark is registered; or
2. that is similar to the registered trade mark and that is used in relation to any goods in respect of which the trade mark is registered, if use of the sign would be likely to deceive
Customs means the New Zealand Customs Service
Customs officer has the same meaning as in section 5(1) of the Customs and Excise Act 2018
exporter has the same meaning as in section 2(1) of the Customs and Excise Act 1996
importer has the same meaning as in section 2(1) of the Customs and Excise Act 1996
infringing sign means a sign that is—
1. identical with a trade mark in respect of which a notice has been given under section 137 and is used on or in physical relation to goods that are identical with goods in respect of which the trade mark is registered; or
2. identical with such a trade mark and is used on or in physical relation to goods that are similar to goods in respect of which the trade mark is registered, if that use would be likely to deceive or confuse; or
3. similar to such a trade mark and is used on or in physical relation to goods that are identical with or similar to goods in respect of which the trade mark is registered, if such use would be likely to deceive or confuse
specified goods means goods imported, or to be exported, other than for private and domestic use.

Notes

Section 135 accepted notice: inserted, on 16 September 2011, by section 19 of the Trade Marks Amendment Act 2011 (2011 No 71).
Section 135 chief executive: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
Section 135 control of the Customs: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
Section 135 counterfeit goods: inserted, on 30 December 2018, by section 95 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
Section 135 Customs: inserted, on 16 September 2011, by section 19 of the Trade Marks Amendment Act 2011 (2011 No 71).
Section 135 Customs officer: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
Section 135 exporter: inserted, on 30 December 2018, by section 95 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
Section 135 importer: inserted, on 30 December 2018, by section 95 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
Section 135 specified goods: inserted, on 30 December 2018, by section 95 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).