Rights in trade marks can be acquired in two ways: by
use and by registration. But regardless of how you obtain your
rights, if you don't use your mark you may lose your
mark.
So what does 'use' mean?
One way to establish what 'use' means is to look at the
'test' for 'use' in proceedings for removal of a
trade mark from the Trade Marks Register.
Under New Zealand law we apply the test from a High Court of
Australia decision (Moorgate Tobacco Co Ltd v Philip Morris Ltd (No
2) [1984] HCA 73; (1984) 156 CLR 414):
"...it is not necessary that there be an actual dealing in
goods bearing the trade mark before there can be a local use of the
mark as a trade mark. It may suffice that imported goods which have
not actually reached [New Zealand] have been offered for sale in
[New Zealand] under the mark ... or that the mark has been used in
an advertisement of the goods in the course of trade: ... In such
cases, however, it is possible to identify an actual trade or
