Trademarks FAQ for New Zealand
What Exactly Is a Trademark?
A trademark is a legal tool that protects your business’s unique branding, whether it’s a product, service, or company name, allowing you to stand out from competitors. In New Zealand, trademarks can cover various brand elements such as a logo, word, phrase, colour, sound, shape, or even a smell, ensuring exclusive use and providing legal backing against unauthorised usage. The Intellectual Property Office of New Zealand (IPONZ) manages the registration of trademarks in New Zealand.
What is the purpose of a trademark?
A trademark protects your business identity by ensuring that your brand, products, or services stand out from competitors. It provides legal protection for elements like your business name, logo, or slogan, securing your brand’s unique presence in the market.
What Aspects of My Brand Can a Trademark Protect?
Trademarks can safeguard key elements of your brand, including:
Product packaging or shapes (e.g., Cadbury’s Freddo biscuit shape)
Specific colours (e.g., Tiffany & Co.’s blue)(e.g., The Netflix chime)
Registering a trademark provides significantly stronger protection compared to relying on unregistered rights, like passing off.
Why Should I Register My Trademark?
- Exclusive Rights: Registration grants you the sole right to use your trademark across New Zealand.
- Value: A registered trademark becomes a valuable asset, growing with your brand’s reputation.
- Legal Protection: It allows you to prevent others from using your mark without permission.
- Business Flexibility: You can license or sell your trademark, offering more strategic options for growth.
- Use of ® Symbol: Once registered, you can use the ® symbol, signalling to others that your trademark is legally protected in New Zealand.
Is It Really Necessary to Register a Trademark?
In New Zealand, while you may have some protection under common law (e.g., passing off) or under the Fair Trading Act 1986, registering a trademark provides much clearer and more enforceable rights. It’s the only way to secure exclusive rights to your business name, logo, or slogan.
What’s the Difference Between the TM and ® Symbols?
- TM: Indicates you are asserting rights over a trademark, whether registered or not.
- ®: Reserved for officially registered trademarks, signalling that your mark is legally protected. Using the ® without registration is illegal.
How Do I Apply for a Trademark in New Zealand?
The process involves:
- Submitting your application to IPONZ.
- Examination to ensure it meets the legal criteria.
- Publishing for opposition by third parties.
- Final registration if no objections are raised.
The government fee for filing in New Zealand starts at NZD $150 per class. Additional costs, including trademark attorney fees, may apply if you seek professional assistance with drafting, reviewing, or managing your application.
How Long Does It Take to Secure a Trademark?
In New Zealand, it usually takes 6 to 12 months to fully register a trademark, though the process may extend if objections or third-party oppositions arise.
How Long Does a Trademark Last?
Once registered, a New Zealand trademark is valid for 10 years. After this period, you can renew it indefinitely in 10-year increments to maintain protection.
Can I Change My Trademark Application After Submitting It?
Only minor corrections are allowed after submission. If substantial changes are needed (such as altering the design or expanding the list of goods/services), you will need to file a new application. It’s important to ensure the initial application is accurate.
What Are “Goods and Services” in a Trademark Application?
When applying for a trademark, you must specify the goods or services it covers. There are 45 different categories (known as classes) to choose from. Once filed, you cannot add new items, so accuracy is key.
Should I File My Trademark in Black and White or in Colour?
Filing in black and white is generally recommended because it covers all colour variations. Filing in a specific colour limits your protection to that colour scheme.
Do I Have to Use My Trademark After Registration?
In New Zealand, you are not required to use the trademark immediately. However, if it’s not used within 3 years, it could be challenged and removed for non-use. Active use is essential to maintain protection.
Protect Your Brand with Trademark Design and Registration Services
At Markport™, we specialise in providing comprehensive trademark protection and design services tailored to suit the needs of small and medium-sized enterprises. Whether you need help with trademark registration in New Zealand, branding strategies, or designing unique trademarks that stand out in a competitive market, we’ve got you covered. Our expert team ensures your intellectual property is protected from unauthorised use, giving you the peace of mind to focus on growing your business. Get in touch with us here.