New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) No person shall, in trade,—
(a) Forge any trade mark; or
(b) 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
(c) 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.
(2) For the purposes of this section a person shall be deemed to forge a trade mark if that person—
(a) 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
(b) Falsifies any genuine trade mark, whether by alteration, effacement or otherwise.
(3) For the purposes of this Part of this Act—
Certification trade mark
[Repealed]
Subsection (3), Certification trade mark: this definition was amended, as from 1 May 1988, by section 33(2) Trade Marks Amendment Act 1987 (1987 No 156) by inserting the words “or services”
.
Subsection (3), Certification trade mark: this definition was amended, as from 1 January 1995, by section 2 Fair Trading Amendment Act 1994 (1994 No 124) by substituting the word “sign”
for the word “mark”
. See clause 2 Fair Trading Amendment Act Commencement Order 1994 (SR 1994/316).
Subsection (3) Certification trade mark: this definition was repealed, as from 1 April 2000, by section 8(1) Trade Marks Amendment Act 1999 (1999 No 121).
Sign includes—
(a) A brand, colour, device, heading, label, letter, name, numeral, signature, smell, sound, taste, ticket, or word; and
(b) Any combination of signs:
Subsection (3) Sign: this definition was inserted, as from 1 April 2000, by section 8(1) Trade Marks Amendment Act 1999 (1999 No 121).
Trade mark means a trade mark within the meaning of the Trade Marks Act 2002; and includes—
(a) In the case of goods, any sign used upon or in connection with the goods for the purpose of indicating that they are—
(i) Goods of the proprietor of the sign by virtue of manufacture, selection, certification, dealing with, or offering to supply; or
(ii) Goods of a member of a body of persons that is the proprietor of the sign; or
(iii) Goods certified by the proprietor of the sign in respect of origin, material, mode of manufacture, quality, accuracy, or other characteristic; and
(b) In the case of services, any sign used in connection with the provision of the services for the purpose of indicating that they are—
(i) Services of the proprietor of the sign; or
(ii) Services of a member of a body of persons that is the proprietor of the sign.
Subsection (3) Trade mark: this definition was substituted, as from 1 May 1988, by section 33(3) Trade Marks Amendment Act 1987 (1987 No 156).
Subsection (3) Trade mark: paragraph (b)(ii) and (iii) was amended, as from 1 January 1995, by section 2 Fair Trading Amendment Act 1994 (1994 No 124) by substituting the word “sign”
for the word “mark”
. See clause 2 Fair Trading Amendment Act Commencement Order 1994 (SR 1994/316).
Subsection (3) Trade mark: this definition was substituted, as from 1 April 2000, by section 8(1) Trade Marks Amendment Act 1999 (1999 No 121).
Subsection (3) Trade mark: this definition was amended, as from 20 August 2003, by section 201 Trade Marks Act 2002 (2002 No 49) by substituting the words “Trade Marks Act 2002”
for the words “Trade Marks Act 1953”
. See clause 2 Trade Marks Act 2002 Commencement Order 2003 (SR 2003/188).
Subsection (1) was substituted, as from 1 May 1988, by section 33(1) Trade Marks Amendment Act 1987 (1987 No 156).
Subsection (1)(b) and (c) was amended, as from 1 January 1995, by section 2 Fair Trading Amendment Act 1994 (1994 No 124) by substituting the word “sign”
for the word “mark”
. See regulation 2 Fair Trading Amendment Act Commencement Order 1994 (SR 1994/316).
Subsection 2(a) was amended, as from 1 January 1995, by section 2 Fair Trading Amendment Act 1994 (1994 No 124) by substituting the word “sign”
for the word “mark”
. See regulation 2 Fair Trading Amendment Act Commencement Order 1994 (SR 1994/316).