7 Meaning of use of trade mark

(1)

In this Act, unless the context otherwise requires, use, in relation to a trade mark, includes—

(a)

use in a form differing in elements that do not alter the distinctive character of the trade mark in the form in which it was registered; and

(b)

applying the trade mark to goods or services or to materials for the labelling or packaging of goods or services in New Zealand solely for export purposes; and

(c)

the application in New Zealand of a trade mark to goods or services to be exported from New Zealand, and any other act done in New Zealand in relation to those goods or services that, if done in relation to goods or services to be sold or otherwise traded in New Zealand, would constitute use of a trade mark in relation to those goods or services for which the use is material under this Act or at common law; and

(d)

the use of the trade mark by—

(i)

the owner; or

(ii)

if the owner is a collective association, a member of the collective association.

(2)

References in this Act to use of a trade mark by the owner includes use by a person other than the owner if that use is authorised by, and subject to, the control of the owner.

(3)

The use of the whole of a registered trade mark is also a use of any registered component part of a trade mark registered in the name of the same owner.

Compare: 1953 No 66 s 2(3)