Anyone who uses the same or similar trade mark to a registered trade mark will infringe the trade mark registration (if the mark is being used in relation to goods or services that are the same or similar to those protected by the registration). To bring a successful claim of infringement of a registered trade mark under the Trade Marks Act, it will also normally need to show that use of the trade mark confusing or deceptive.

In addition to rights under the Trade Marks Act, the owner of an unregistered or registered trade mark (in which they have established a reputation) may have rights under the Fair Trading Act and the tort of passing off if another trader acts in way that is likely to be misleading or deceptive to the public.

Please [click here] if you would like us to assist you with advice as to whether or not your rights have been infringed, or whether or not you are infringing somebody else’s rights.