What is a trade mark?
A trade mark is a unique identifier, often referred to as a “brand” or “logo”. Once a trade mark is registered, the ® symbol may be legally used against the trade mark. Trade marks can include words, logos, colours, sounds, smells – or any combination of these. They can become valuable assets for the business that registered them.
What are trade marks for?
The main purpose of a trade mark is to enable consumers to identify a product (whether a good or a service) of a particular trader so as to distinguish it from the same or similar products provided by competitors. A trade mark must therefore be sufficiently unusual or fanciful so that consumers would only associate it with one trader. Consumers who are satisfied with a given product are likely to buy or use the product again in the future.
What is the value of a trade mark?
A carefully selected and managed trade mark can be a valuable business asset. For some companies it may be their most valuable asset. Because customers value trade marks - their reputation, their image and the desired qualities and attributes they associate with the mark - they are willing to pay more for a product bearing that mark. An owner of a trade mark with a good image and reputation can have a competitive edge over its competitors.
Is a trade mark the same as a company name?
No. Company names do not provide the same protection as trade marks. Only trade mark registration can grant exclusive rights to the use of a trading name. A company name registration will not prevent the registration of a similar name as a trade mark.
So why register?
The owner of a registered mark can sue for infringement if someone else uses the same or similar mark on the same or similar goods/services in respect of which the mark is registered.
How long does protection last?
The initial registration period lasts for ten years and the mark is renewable every ten years thereafter.
Who enforces trade mark protection?
A trade mark is personal property. The trade mark owner is responsible for ensuring that other traders do not use its trade marks for identical or similar goods/services for which the trade mark is registered.
How do I register a trade mark?
1. Apply online
Click here to apply online. The cost is $249.95 NZD including GST.
2. Preliminary examination
Once your payment has been received a preliminary examination will be undertaken to determine whether the trademark has a distinctive character under section 18 of the Trade Marks Act 2002. This generally takes five working days. If the trademark is deemed not to be sufficiently distinctive, and therefore cannot be registered as a trademark, you will receive a refund of $100 NZD.
3. Complete examination
A complete examination will be undertaken to determine whether it complies with all the requirements of the Trade Marks Act 2002. This process takes a minimum of six months.
4. Registration of trade mark
If your trade mark complies with all the requirements of the Act and there are no objections your trade mark will be registered. Please do not hesitate to contact us if you have any questions.
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