Acts amounting to infringement

89 Infringement where identical or similar sign used in course of trade

(1)

A person infringes a registered trade mark if the person does not have the right to use the registered trade mark and uses in the course of trade a sign—

(a)

identical with the registered trade mark in relation to any goods or services in respect of which the trade mark is registered; or

(b)

identical with the registered trade mark in relation to any goods or services that are similar to any goods or services in respect of which the trade mark is registered, if that use would be likely to deceive or confuse; or

(c)

similar to the registered trade mark in relation to any goods or services that are identical with or similar to any goods or services in respect of which the trade mark is registered, if that use would be likely to deceive or confuse; or

(d)

identical with or similar to the registered trade mark in relation to any goods or services that are not similar to the goods or services in respect of which the trade mark is registered where the trade mark is well known in New Zealand and the use of the sign takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the mark.

(2)

Subsection (1) applies only if the sign is used in such a manner as to render the use of the sign as likely to be taken as being use as a trade mark.

(3)

Sections 92 to 98 override this section.

Compare: 1953 No 66 s 8(1A)

Section 89(1)(c): amended, on 15 December 2005, by section 13 of the Trade Marks Amendment Act 2005 (2005 No 116).