Trade Marks Act 2002

Legal proceedings - Miscellaneous - Evidence

164: Trade usage must be considered

You could also call this:

"Courts must think about how businesses normally use trade marks"

When someone is dealing with a case about a trade mark or trade name, the court or the Commissioner must look at how things are usually done in that type of business. They need to think about how other people in that business normally use trade marks, trade names, or the way they present their products. This helps them understand what's normal and fair in that kind of work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165097.


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163: Appeal against decision of Commissioner that relates to assignments and transmissions, or

"You can ask a judge to look at a decision about who owns a trade mark"


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165: Certificate of validity, or

"A court's proof that a trade mark is real and belongs to its owner"

Part 4Legal proceedings
Miscellaneous: Evidence

164Trade usage must be considered

  1. In an action or proceeding relating to a trade mark or trade name, the court or the Commissioner, as the case may be, must admit evidence of—

  2. the usages of the trade concerned; and
    1. any relevant trade mark or trade name or get-up legitimately used by other persons.