Need a Trade Mark? 6 Things You Need to Know (2025 Updated)

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As a business, one of the most important markers of your success is your brand. Branding is how you distinguish yourself from others, whether through your business name, a slogan or your logo.

If you want to prevent others from using your brand, you should consider registering a trade mark. This not only protects your intellectual property but also reinforces the unique identity of your business in 2025.

Here are 6 things you need to know about registering a trade mark in New Zealand:

1. What Is A Trade Mark?

A trade mark is an element that distinguishes your products and services from those of others. It is a valuable asset that represents your business’ brand and reputation.

Most commonly, businesses will trade mark the name, a logo or a slogan. However, a trade mark can also take many other forms such as a unique shape, a distinctive colour, a sound or even a scent. In short, anything that makes a brand recognisable to consumers is a potential trade mark.

2. Benefits Of A Trade Mark

A trade mark can help create a memorable experience for your customers and foster brand loyalty, which often leads to repeat business.

Registering a trade mark gives you exclusive rights to use that mark for your goods and services in New Zealand. It also provides a legal route to prevent others from trading with it in similar industries. Some of the key benefits include:

Exclusivity: You gain the sole right to use your trade mark throughout New Zealand for an initial period of 10 years, with the potential to renew indefinitely.
Protection: You have the legal means to stop unauthorised use by third parties on similar goods or services.
Licensing: You can authorise others to use your trade mark under licence agreements, which is beneficial when creating partnerships with producers, distributors, sellers or contractors. For more details on setting up such agreements, check our Licensing Agreement guide.
Business Value: A registered trade mark can be bought, sold, or transferred, potentially increasing the overall value of your business.

3. To Protect A Trade Mark, You Need To Register It

Many business owners mistakenly believe that registering a business name with the New Zealand Companies Office grants exclusive rights over that name. While it’s necessary to register your business name if you plan to trade under it, this registration does not confer exclusive legal ownership. For comprehensive guidance on business name registration, see our article on How to Start a Small Company.

To secure the legal right to stop others from imitating your brand, you must register it as a trade mark. In New Zealand, this registration process is administered by the Intellectual Property Office of New Zealand (IPONZ).

4. Not Everything Can Be Trade Marked

It’s important to note that if your trade mark merely describes your product or service – especially if the term is commonly used – IPONZ is unlikely to register it. Similarly, if your application is too similar to an existing registered trade mark, it may be rejected. To ensure your trade mark meets the required standards, it must be sufficiently distinctive.

You can avoid future disputes by conducting thorough research before applying. Check the trade marks register and the New Zealand Companies Register. Supplement this with an online search – for example, our Guide on Trade Marks offers some useful tips regarding due diligence in 2025.

5. The Application Process

Before submitting your application, one of the most critical tasks is to carefully draft the description of your trade mark. This description determines the scope of the protection afforded by your registration.

It is advisable to use IPONZ’s free checking tool to verify overall availability and ensure your proposed trade mark does not infringe on an existing one. For additional reassurance and to understand your potential risks, you might consider consulting services such as our Trade Mark Initial Consultation.

After you have completed the necessary research, the next step is to lodge your application with IPONZ and pay the requisite fee. Your application will be examined, then publicly advertised to allow third parties an opportunity to oppose the registration. In 2025, the overall process typically takes between 6 to 8 months from application to registration, reflecting ongoing improvements in efficiency at IPONZ.

It’s also worth noting that regular updates to trade mark laws mean it is prudent to stay informed about any changes; our Intellectual Property section is a useful resource for the latest legal developments and advice.

6. Cost Of Registration

The current fees for registering a trade mark are detailed on the IPONZ website. In 2025, these fees remain competitive and reflect the streamlined registration process.

If your trade mark is a critical component of your business strategy, you may wish to engage a trade mark lawyer. Although this involves additional legal fees, it provides peace of mind by ensuring your application is robust and comprehensive. For further information, take a look at our Trade Mark advice article which explains the benefits in detail.

The last thing you want is to invest time and resources into building your brand strategy, only to discover unanticipated legal issues. Expert guidance can help you avoid costly errors and secure your brand’s future success.

Conclusion

Mastering your brand strategy in 2025 involves navigating various legal challenges, and securing a registered trade mark is a vital part of this process. Thorough research and proper documentation are key to protecting your business identity.

Consulting a trade mark lawyer can be particularly beneficial to ensure that your trade mark provides you with the intended level of protection. Our range of fixed-fee packages aims to cater to diverse business needs – from start-ups to established enterprises. For more details on protecting your business assets, visit our Intellectual Property services page.

If you’re looking to engage a trade mark lawyer, we have a number of fixed-fee packages designed to suit your requirements. Get in touch to find out more, or give us a call on 0800 002 184.

Tomoyuki Hachigo

Tomo is the co-founder of Sprintlaw and a commercial lawyer with a broad range of legal experience. Before starting Sprintlaw, he was an M&A lawyer at a top-tier law firm advising businesses of all sizes from large corporates to startups.