Subpart 3—Border protection measures

Interpretation

135 Interpretation

In this subpart and section 204, unless the context otherwise requires,—

accepted notice means a notice given under section 137 that has been accepted by the chief executive under section 139

chief executive has the same meaning as in section 5(1) of the Customs and Excise Act 2018

claimant means a person who gives a notice under section 137

control of the Customs is to be read in accordance with the definition of subject to the control of Customs in section 6 of the Customs and Excise Act 2018

Customs means the New Zealand Customs Service

Customs officer has the same meaning as in section 5(1) of the Customs and Excise Act 2018

infringing sign means a sign that is—

(a)

identical with a trade mark in respect of which a notice has been given under section 137 and is used on or in physical relation to goods that are identical with goods in respect of which the trade mark is registered; or

(b)

identical with such a trade mark and is used on or in physical relation to goods that are similar to goods in respect of which the trade mark is registered, if that use would be likely to deceive or confuse; or

(c)

similar to such a trade mark and is used on or in physical relation to goods that are identical with or similar to goods in respect of which the trade mark is registered, if such use would be likely to deceive or confuse.

Section 135 accepted notice: inserted, on 16 September 2011, by section 19 of the Trade Marks Amendment Act 2011 (2011 No 71).

Section 135 chief executive: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

Section 135 control of the Customs: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

Section 135 Customs: inserted, on 16 September 2011, by section 19 of the Trade Marks Amendment Act 2011 (2011 No 71).

Section 135 Customs officer: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).