Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Unfair conduct - False representations

16: Certain conduct in relation to trade marks prohibited

You could also call this:

“You can't use fake trademarks when doing business”

You are not allowed to make or use fake trade marks when you are doing business. This means you can’t:

  1. Create a fake trade mark
  2. Put a fake trade mark or something that looks very similar to a real trade mark on goods
  3. Use a fake trade mark or something that looks very similar to a real trade mark when providing services

If you make a trade mark or something that looks very similar without the owner’s permission, or if you change a real trade mark in any way, it’s considered fake.

A trade mark can be many things, like a name, word, picture, colour, smell, or sound. It’s used to show that goods or services belong to a specific person or company. The Trade Marks Act 2002 explains more about trade marks.

For goods, a trade mark shows who made them, chose them, certified them, or is offering to sell them. For services, it shows who is providing the service or if the service provider is part of a group that owns the trade mark.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM96923.

Topics:
Business > Fair trading
Business > Intellectual property
Money and consumer rights > Consumer protection
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Part 1 Unfair conduct
False representations

16Certain conduct in relation to trade marks prohibited

  1. No person shall, in trade,—

  2. forge any trade mark; or
    1. falsely apply to any goods any trade mark or sign so nearly resembling a trade mark as to be likely to mislead or deceive; or
      1. falsely use in relation to the provision of services any trade mark or sign so nearly resembling a trade mark as to be likely to mislead or deceive.

        1. For the purposes of this section a person shall be deemed to forge a trade mark if that person—

        2. without the consent of the proprietor of the trade mark, makes that trade mark or a sign so nearly resembling that trade mark as to be likely to mislead or deceive; or
          1. falsifies any genuine trade mark, whether by alteration, effacement or otherwise.

            1. For the purposes of this Part—

              sign includes—

              1. a brand, colour, device, heading, label, letter, name, numeral, signature, smell, sound, taste, ticket, or word; and
                1. any combination of signs

                  trade mark means a trade mark within the meaning of the Trade Marks Act 2002; and includes,—

                  1. in the case of goods, any sign used upon or in connection with the goods for the purpose of indicating that they are—
                    1. goods of the proprietor of the sign by virtue of manufacture, selection, certification, dealing with, or offering to supply; or
                      1. goods of a member of a body of persons that is the proprietor of the sign; or
                        1. goods certified by the proprietor of the sign in respect of origin, material, mode of manufacture, quality, accuracy, or other characteristic; and
                        2. in the case of services, any sign used in connection with the provision of the services for the purpose of indicating that they are—
                          1. services of the proprietor of the sign; or
                            1. services of a member of a body of persons that is the proprietor of the sign.

                          Notes
                          • Section 16(1): substituted, on , by section 33(1) of the Trade Marks Amendment Act 1987 (1987 No 156).
                          • Section 16(1)(b): amended, on , by section 2 of the Fair Trading Amendment Act 1994 (1994 No 124).
                          • Section 16(1)(c): amended, on , by section 2 of the Fair Trading Amendment Act 1994 (1994 No 124).
                          • Section 16(2)(a): amended, on , by section 2 of the Fair Trading Amendment Act 1994 (1994 No 124).
                          • Section 16(3) certification trade mark: repealed, on , by section 8(1) of the Trade Marks Amendment Act 1999 (1999 No 121).
                          • Section 16(3) sign: inserted, on , by section 8(1) of the Trade Marks Amendment Act 1999 (1999 No 121).
                          • Section 16(3) trade mark: substituted, on , by section 8(1) of the Trade Marks Amendment Act 1999 (1999 No 121).
                          • Section 16(3) trade mark: amended, on , by section 201 of the Trade Marks Act 2002 (2002 No 49).