New Zealand Legislation: Acts

24 Use of trade marks, etc, on goods other than tobacco products, or in relation to sponsored events

• (1) No person shall use, otherwise than in a private capacity, a tobacco product trade mark—

  • (a) on any article other than a tobacco product or a package or container in which a tobacco product is sold or shipped; or

  • (b) for the purpose of advertising or identifying to the public—

    • (i) any article other than a tobacco product; or

    • (ii) any service, activity, or event; or

    • (iii) any scholarship, fellowship, or other educational benefit,—

  even though that person would be, but for this Act, entitled to use the trade mark on that article or for that purpose.

  (2) Where a trade mark includes the company name, or part of the company name, of a manufacturer, importer, or distributor in New Zealand of any tobacco product, no person shall, otherwise than in a private capacity, use that company name for the purpose of advertising or identifying to the public—

  • (a) any article other than a tobacco product; or

  • (b) any service, activity, or event; or

  • (c) any scholarship, fellowship, or other educational benefit,—

  even though that person would be, but for this Act, entitled to use that trade mark or company name for that purpose.

  (3) No person shall distribute, sell, or offer or expose for sale any article, other than a tobacco product or a package or container in which a tobacco product is sold or shipped, that bears a trade mark of a tobacco product that is sold in New Zealand.

  (4) Nothing in subsections (1) to (3) shall apply to a trade mark or company name that, during the year ending with 31 March 1990, was applied to tobacco products and other articles sold at retail in New Zealand if the estimated retail value of those other articles sold during that year exceeded one-quarter of the estimated retail value of those tobacco products sold during that year.

  (5) Nothing in subsections (1) to (3) shall apply to the use, by any person (other than a manufacturer, an importer, a distributor, or a retailer of any tobacco products, or a person acting on behalf of any such manufacturer, importer, distributor, or retailer), of a trade mark or company name for any purpose (other than for application to, or for use in connection with, tobacco products or smoking accessories) if the trade mark or company name—

  • (a) was in use in New Zealand for that purpose before 17 May 1990; or

  • (b) was in use for that purpose at any time before that trade mark or company name was first used, in New Zealand, for application to, or in connection with, any tobacco product or smoking accessory.