Commercial Law
Our team provides specialist legal advice to companies and business owners across a wide range of industries, on all aspects of business and commercial law. Our focus is providing custom-fit, workable solutions that are practical and goal oriented.
Trademarks and Brand Protection
What steps are you taking to protect your brand?
Creating a brand that is known and trusted by your customers can be integral to the growth and value of your business.
In particular, having a brand that stands out and is recognisable to customers can give your business that competitive edge it needs to generate customer loyalty and sales. Registering your brand can also make it a valuable asset to your business, particularly if you are looking to on-sell your business in the future.
In New Zealand, there are several ways to protect your brand – locally and internationally.
NEW ZEALAND COMPANY NAME REGISTRATION
Registering your brand name as your company name in New Zealand is a straightforward way to help protect it. This prevents others from registering the same or a similar name as their company. You can do this when incorporating your business or, if your company is already registered, by applying to change its name, subject to compliance with the Companies Act 1993.
NEW ZEALAND TRADE MARK REGISTRATION
Registering your brand as a trade mark in New Zealand is one of the most effective ways to protect it from unauthorised use or imitation. It helps to preserve your business’s reputation and value.
A registered trade mark gives you the exclusive right to use the trade mark within your industry in New Zealand - for up to ten years at a time. Competitors are then prevented from using identical or confusingly similar marks.
Trade marks are also considered personal property, meaning they can be sold or licensed as valuable business assets. With registration not limited to names - it also cover logos, shapes, colours, sounds, smells, or combinations of these elements.
INTERNATIONAL TRADE MARKS
Internationally, a New Zealand trade mark registration will not provide protection. If you are doing business outside of New Zealand, it may be important to consider whether filing your brand as an international trade mark, or registering your brand as a trade mark in another country is appropriate.
DOMAIN NAMES
With a website being an integral tool for any company, domain names should be considered at the time of brand naming or renaming. Aligning both will assist customers searching for your business online. You should discuss whether yours is available with your website or IT provider.
Jeremy and the Commercial team are here to help you with all the legal aspects of protecting your brand. Contact us to discuss how we can help you.
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