1. It is interesting to reflect on the concept of good faith and bad faith in trade mark

matters. Many trade mark professionals will be familiar with the former requirement1

– now abandoned in the New Zealand statute but not in Australia2 - that there must

be a bona fide intention to use a mark applied for.

2. The importation of bona fides/good faith has also been seen in other areas of the

law. In contract law in New Zealand, there has been academic writing and some

judicial exposition (notably by one of our famous dissenting judges, Thomas J)3 as to

whether contract law should require a general duty of good faith in the performance

of contractual obligations. Thomas J has noted that a duty to exercise good faith has

at least been asserted in the context of relational contracts such as agency

relationships, distributorships, partnerships, franchise arrangements and joint

ventures4: