How To Trademark A Phrase Or Slogan In New Zealand

You’ve finally landed on the perfect phrase. It’s short, catchy, and it sums up your business in a way customers actually remember.

Then the real question hits: how do you stop someone else from using it?

If you’re trying to trade mark a phrase or slogan in New Zealand, you’re already thinking like a business owner who wants to protect their brand from day one. The good news is that trade mark protection is very achievable for small businesses - as long as you do a few key steps properly (and avoid the common traps).

In this guide, we’ll walk you through what it means to trade mark a slogan, what you can (and can’t) register, and the practical steps to apply in NZ.

What Does It Mean To Trademark A Phrase Or Slogan In NZ?

In New Zealand, “trademark” is usually referred to as a trade mark. A trade mark is a sign you use to distinguish your goods or services from someone else’s. A “sign” can include:

• words (including a phrase or slogan)
• a business name
• a logo
• letters or numbers
• shapes, colours, sounds (in some cases)

So yes - you can usually trade mark a slogan, provided it meets the legal requirements.

When you successfully register a trade mark in NZ, you generally get the exclusive right to use that trade mark in connection with the goods/services you’ve registered it for. That’s a big deal because it gives you a clearer pathway to:

• stop competitors using the same or confusingly similar slogan
• take action if someone copies your branding
• build a brand asset that adds value to your business (especially if you plan to scale or sell)

It’s also worth keeping in mind that consumer trust matters. If your slogan is part of what customers rely on when choosing your products or services, protecting it can help you maintain a consistent public-facing identity - and reduce the risk of confusion in the market.

Can You Trademark Any Phrase Or Slogan?

Not every phrase can be registered as a trade mark - even if it’s clever, and even if you’re the first person in your circle to come up with it.

Generally, the phrase needs to be distinctive. That means it can’t just describe what you sell, or be a common phrase that other businesses should be free to use.

Common Reasons A Slogan Trade Mark Gets Rejected

In NZ, trade marks are registered through the Intellectual Property Office of New Zealand (IPONZ). An application can run into trouble if your slogan is:

• Descriptive (e.g. it directly describes the product/service rather than identifying your brand)
• Non-distinctive (e.g. it’s too generic or too common)
• Misleading (particularly if it suggests something untrue about your product)
• Confusingly similar to an existing registered trade mark
• Offensive or prohibited under trade mark rules

That “misleading” point is worth taking seriously. Separate to trade mark law, NZ businesses must also avoid misleading representations under the Fair Trading Act 1986. If your slogan implies a guarantee, a quality claim, or an origin claim, it needs to be accurate and supportable.

Practical Tip: Think Like A Customer

A quick way to test distinctiveness is to ask:

• If a customer sees this phrase, will they think of my business, or will they think it’s just a general marketing statement anyone could use?
• Does the phrase feel “brand-like”, or does it feel like a description?

If it’s the latter, you might still use it in marketing - but registering it as a trade mark may be more difficult (or not worth the cost).

How To Trademark A Phrase Or Slogan: Step-By-Step

If you’re ready to trade mark a phrase or slogan in NZ, here’s a clear process to follow. This is the part where a little planning upfront can save you time, cost, and frustration later.

1. Decide Exactly What You Want To Protect

Start by being very clear about the “mark” you want to register. Ask yourself:

• Is it the exact wording of the slogan?
• Is it a logo version of the slogan (stylised text)?
• Do you want both?

Word-only trade marks (plain text) can be powerful because they may cover the words in different fonts and styles. But sometimes, a stylised version is easier to register if the words themselves are not very distinctive.

What’s right for you depends on how you actually use the slogan in your branding.

2. Check Whether Someone Else Is Already Using It

This step is often underestimated. Before you apply, you’ll want to check:

• whether the same (or similar) slogan is already registered as a trade mark in NZ
• whether a competitor is already using it in a way that could cause conflict
• whether the slogan is being used in your industry (even if it’s not registered)

Trade mark checking is not just about exact matches. The risk is often confusing similarity - where the marks are close enough that a customer might think the businesses are connected.

If you’re also at the stage of protecting your business name and brand, it can be helpful to line up trade mark strategy with your overall entity structure (for example, whether you’re operating as a sole trader or company). If you’re setting up a company, your Company Set Up decisions can affect who owns the trade mark and how it’s held long-term.

3. Choose The Correct Classes (Goods And Services)

In NZ, trade marks are registered in classes - categories that describe the goods or services your business provides.

This is one of the biggest “make or break” steps. If you apply in the wrong class, you may end up with protection that doesn’t actually help you.

For example, a slogan used for:

• online retail and physical products (goods) may fall under different classes than
• consulting services or a subscription platform (services)

You don’t necessarily need to register in every possible class - but you do want coverage that matches how you trade now and how you plan to grow.

If you’re planning to expand, raise capital, or bring in co-founders, it’s also worth making sure the ownership and control of your brand IP is properly documented. Many growing businesses address this within a Shareholders Agreement so there’s no confusion about who owns what as the business scales.

4. Prepare And File The Application

Once you’ve settled on:

• the exact slogan (and format)
• the owner of the trade mark (you personally, or your company)
• the right classes and descriptions

…you can lodge the application with IPONZ.

This is also where accuracy matters. A trade mark application isn’t the place to “rough it out” and fix it later. If your description is too narrow, you may not be protected. If it’s too broad, you may face objections. And if ownership details are wrong, fixing them can be painful.

For many small businesses, it’s worth getting legal help at this point - especially if the slogan is central to the brand (e.g. it’s on packaging, signage, or used heavily in advertising).

5. Respond To Any IPONZ Examiner Objections

After filing, the application is examined. If the examiner raises concerns, you may receive an objection (often called an examination report). Common objections include:

• the slogan is descriptive or not distinctive
• the slogan is too similar to an earlier mark
• the goods/services description needs adjustment

Objections aren’t unusual - but you typically need to respond properly (and within time limits) to keep the application moving.

This is also where a tailored legal strategy can really help, because responding often involves legal argument, evidence, or amendments that need to be carefully handled to avoid narrowing your protection too much.

6. Publication And Potential Opposition

If your application is accepted, it may be published for opposition. This gives other parties the opportunity to oppose the registration if they believe it conflicts with their rights.

In New Zealand, the standard opposition period is generally 3 months from the date the application is advertised (although timeframes can be extended in some circumstances).

Oppositions can become technical and time-consuming. If someone challenges your slogan, getting advice early can make the process much more manageable (and can help you decide whether to negotiate, defend, or adjust your approach).

7. Registration And Ongoing Maintenance

If there’s no successful opposition (and all requirements are met), your trade mark is registered.

From there, your trade mark becomes an asset you’ll want to:

• use consistently (so it remains connected to your business in the market)
• monitor (so you can act if someone tries to copy it)
• renew when required

In New Zealand, trade marks are generally renewed every 10 years. Trade mark rights can be very valuable - but they’re not completely “set and forget”. Think of it like insurance for your branding: you still need to keep an eye on it.

What Are The Risks Of Not Registering Your Slogan?

Plenty of small businesses use slogans without registering them, and in some cases that may be a calculated choice.

But if the slogan is important to your brand, not registering can leave you more exposed - especially once your marketing starts working and the brand gets noticed. While you may still have options through laws like passing off and the Fair Trading Act 1986, those claims can be harder, slower, and more expensive to enforce than relying on a registered trade mark.

Common Problems We See

• A competitor copies the slogan (or something very close) and you may have to rely on more complex arguments (rather than a straightforward registered trade mark claim) to stop them.
• You invest in branding and signage, then find out you’re infringing someone else’s registered trade mark.
• Customers get confused between your business and another, which can damage your reputation (even if you’ve done nothing wrong).
• You try to sell the business and discover the brand assets aren’t well protected or properly owned by the entity selling.

This matters even more if you’re running an online business (where your marketing can reach outside your local area quickly), or if your slogan is printed on products, uniforms, packaging, or used in paid ads.

And if you’re collecting leads or selling online as part of that brand experience, don’t forget your compliance foundations too - including having a Privacy Policy in place if you collect customer personal information.

How Do You Prove You Own A Slogan (And Who Should Own The Trade Mark)?

One practical issue that catches small businesses off guard is ownership. Trade marks must be registered to a legal “owner” - usually an individual or a company.

So before you file, it’s worth asking: who should own the slogan trade mark?

If You’re A Sole Trader

If you operate in your personal name (as a sole trader), you might register the trade mark in your own name.

That can be fine - but it can also create issues later if you:

• bring in a business partner
• set up a company structure later
• sell the business

You can usually transfer trade marks later, but it’s much easier if you get the structure right early.

If You’re A Company

If your business trades through a company, it’s often cleaner for the company to own the trade mark. This can help if you:

• hire staff or contractors who create branding assets
• enter into licensing deals
• raise investment

When multiple people are involved in building the brand (founders, contractors, designers), you’ll also want your contracts to clearly cover intellectual property ownership and use rights. For example, if you hire someone to help build your marketing or content, a proper Service Agreement can help spell out who owns what.

What If You’re Working With Co-Founders Or Partners?

This is where things get sensitive. You might all feel like you “own the slogan together” - but if the trade mark is registered in only one person’s name, that person may legally control it.

If you’re building a business with someone else, it’s smart to document brand ownership and exit rules early, whether that’s through a Shareholders Agreement (for companies) or a partnership arrangement (for partnerships). Getting this clear now can prevent big disputes later when the business has real momentum.

Key Takeaways

• In New Zealand, you can generally protect a phrase or slogan by registering it as a trade mark (usually through IPONZ), as long as it’s distinctive and not too descriptive.
• A slogan application can be rejected if it’s generic, misleading, offensive, or confusingly similar to an existing trade mark - so doing proper checks early is crucial.
• Choosing the right classes of goods/services is one of the most important steps, because your protection is tied to what you register it for.
• Trade mark ownership should match your business structure and growth plans - especially if you’re building a brand with co-founders or plan to scale.
• Even with a great slogan, having strong legal foundations (including correct contracts and privacy compliance) helps protect your brand as your business grows.
• If your slogan is central to your marketing, it’s usually worth getting tailored legal help before you apply - fixing problems later can be harder and more expensive.

If you’d like help protecting your brand and working out the best way to register a slogan, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.