Can I use a competitor’s trade mark in comparative advertising?

Comparative advertising that uses another trader's registered trade mark is not automatically unlawful in New Zealand, and the Trade Marks Act 2002 allows the use of a registered trade mark for purposes such as identification or comparison in some circumstances, particularly where the use is honest and does not take unfair advantage of, or cause detriment to, the distinctive character or reputation of the mark. However, the comparison itself must comply with the Fair Trading Act 1986, meaning that any claims you make about the competitor's product must be accurate, substantiated and not misleading, since exaggerated or false comparative claims can lead to a Commerce Commission complaint or a private claim from the competitor. Avoid denigrating the competitor's brand beyond factual, defensible comparisons, and keep the trade mark use factual and limited to what is necessary for the comparison. Legal review of the specific advertisement before it runs is strongly advisable, given the overlap between trade mark and fair trading risks.