‘Black Friday’ Is A Registered Trade Mark: Can Other Brands Use It? (2026 Updated)

Don’t Use The ® Symbol Unless It’s Actually Your Registered Mark

Some businesses add ® to look official. That can backfire.

You should only use the registered trade mark symbol if the mark is actually registered in your name (or you have permission to use it). If you’re unsure what to use and when, the distinction is explained in Registered Trademark Symbol.

What If You Want To Protect Your Own Sale Branding Instead?

Sometimes the real issue isn’t “Can I use Black Friday?” - it’s that you want to build a campaign identity that you can own and grow year after year.

If you’re investing in a unique sale name, a distinctive slogan, or a branded event, you may want to consider trade mark protection for your branding.

Trade Mark Protection Is About Long-Term Brand Value

A registered trade mark can help you:

• stop competitors using your campaign name
• build trust and recognition with customers
• support franchise or distribution expansion
• increase business value (especially if you later sell)

That said, not every name is registrable, and not every business needs to register everything. The aim is to protect the identifiers that matter most.

If you’re weighing up whether to register, Need a trademark is a good place to start, particularly if you’re building a brand that you want to scale.

Business Names, Trading Names, And Trade Marks Aren’t The Same Thing

It’s also common to assume that registering a company name (or buying a domain) means you “own” the name legally. In reality, trade mark rights are a separate system.

So if you’re trying to lock in a name for your campaign or brand, you’ll want a strategy that fits together across:

• company name
• domain names
• social handles
• trade marks

If you’re actively working on this, it’s worth thinking about Protect a Business Name as part of your overall brand protection plan.

Key Takeaways

• Even though “Black Friday” is a widely used sales phrase, it has been registered as a trade mark in New Zealand in certain contexts, so you should be cautious with branding and campaign design.
• Trade mark risk usually depends on how you use “Black Friday” - using it as a descriptive reference to a sale is often lower-risk than using it like a brand name, logo, domain, or ongoing campaign identity.
• A quick IPONZ check is a smart starting point, but the real question is whether your use is likely to confuse customers or suggest an association with a trade mark owner.
• Don’t forget consumer law: your discounts and promotional claims still need to comply with the Fair Trading Act 1986, especially around pricing history and misleading urgency.
• If you want a sale identity you can truly own, consider creating and protecting a distinctive campaign brand - and look at trade mark protection where it makes commercial sense.
• When in doubt, getting advice early is much easier than trying to rebrand mid-campaign after you’ve launched ads and printed materials.

If you’d like help reviewing your Black Friday campaign wording, brand assets, or trade mark risk, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.