Trade Marks Act 2002

Legal proceedings - Civil proceedings for infringement - Acts not amounting to infringement

98A: No infringement through use of registered geographical indication

You could also call this:

"Using a special place name on a product doesn't break someone's trade mark"

A registered trade mark is not broken if someone uses a registered geographical indication in a legal way. A geographical indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. These geographical indications are registered under a special law called the Geographical Indications Registration Act 2006. This means that if you use a registered geographical indication properly, you are not infringing on someone else's trade mark.

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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=DLM7389428.


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98: When owner or licensee consents to use of registered trade mark, or

"When someone agrees to let you use their special name or picture for products"


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99: No proceedings for infringement of unregistered trade mark, or

"You can't sue someone for using a trade mark that isn't officially registered"

Part 4Legal proceedings
Civil proceedings for infringement: Acts not amounting to infringement

98ANo infringement through use of registered geographical indication

  1. A registered trade mark is not infringed by the lawful use of a registered geographical indication registered under the Geographical Indications Registration Act 2006.

Notes
  • Section 98A: inserted, on , by section 63 of the Geographical Indications (Wine and Spirits) Registration Act 2006 (2006 No 60).
  • Section 98A: amended, on , by section 87 of the European Union Free Trade Agreement Legislation Amendment Act 2024 (2024 No 10).