Trademark Infringement in New Zealand

You’ve put time (and money) into building your brand - your name, logo, packaging, and the overall “look and feel” that customers recognise.

So it’s a nasty shock when you spot a competitor using something that feels very similar, or you receive an email saying you’re the one infringing.

In either situation, getting on top of trademark infringement in New Zealand early can save you from expensive rebrands, disrupted sales, and long-running disputes. The good news is that the rules are fairly practical once you understand the basics - and with the right steps, you can protect your brand from day one.

What Is Trademark Infringement In New Zealand?

A “trade mark” is a sign you use to distinguish your goods or services from someone else’s. It might be your business name, logo, slogan, product name, packaging design, or even a sound.

In New Zealand, trade mark infringement is primarily governed by the Trade Marks Act 2002. Put simply, infringement usually comes down to whether:

someone owns a registered trade mark; and
another party uses the same (or a confusingly similar) mark; and
that use is in relation to the same or similar goods/services covered by the registration; and
the use falls within the “restricted acts” under the Act (often because it is likely to deceive or confuse, but not always depending on the type of mark and use).

It’s also worth knowing that you can run into brand disputes even where the other party doesn’t have a registered trade mark. That’s because other legal claims can apply, including:

Passing off (a common law claim where someone misrepresents an association with another business); and
Fair Trading Act 1986 issues (for example, misleading or deceptive conduct that confuses customers about who you are, what you sell, or whether you’re affiliated).

This is why “I searched Companies Office and the name was available” isn’t always enough. A company name registration and a trade mark registration are different systems with different rules and purposes.

If you’re still deciding whether it’s worth registering, it’s often helpful to start with the business question: need a trademark?

Why Trademark Infringement Matters For Small Businesses

For a small business, a trade mark isn’t just a legal technicality - it’s often one of your most valuable assets.

If a similar brand enters the market, you may face:

Lost sales (customers buy from the other business by mistake);
Reputation damage (their quality problems become “your” problems);
Marketing inefficiency (your ad spend builds someone else’s brand);
Pressure to rebrand (new signage, domain names, packaging, social handles, and customer communications);
Retail or platform issues (marketplaces, social platforms, and payment providers can act quickly when IP complaints are made).

Even when you’ve done everything in good faith, a dispute can still be disruptive. That’s why it’s smart to treat trade marks as part of your legal foundations - right alongside contracts, privacy, and getting your structure right.

It also helps to understand the difference between “your name,” “your company,” and “your brand.” Two businesses can sometimes operate with similar names depending on context - but that doesn’t mean there’s no risk. If you’re weighing this up, can two businesses have the same name is a good question to ask early.

Common Ways Businesses Accidentally Infringe Trade Marks

Most trade mark infringement problems we see aren’t caused by “copycats” sitting around trying to steal a brand. They usually happen because a business moves quickly (which is normal) and skips a few checks.

1. Choosing A Brand Name Without Checking Trade Marks

It’s easy to fall in love with a name, buy a domain, set up social handles, and print labels - and only later discover someone already owns a registered trade mark for that name (or something very similar) in your category.

This is especially common when the brand name is short, catchy, or describes the “vibe” of the product rather than the product itself.

2. Using A Similar Logo Or “Look”

Trade marks aren’t only words. A logo (or a distinctive design element) can also be registered and enforced.

If your branding is “inspired by” another business in the same market, you can end up in hot water even if you didn’t copy it intentionally - because the key question often becomes whether consumers might be confused or misled.

3. Expanding Into New Products Or Services

Your brand might be fine for what you sell today - but when you expand (for example, from services into physical products, or from local to online), you can move into someone else’s territory.

This is where trade mark “classes” matter. Trade marks are registered for particular categories of goods/services. If you’re not sure how this works, it’s worth understanding trademark classes before you commit to packaging, a website relaunch, or a new product range.

4. Using Competitors’ Names In Ads Or Online Listings

Some businesses use a competitor’s brand name in keyword advertising, product titles, metadata, or comparison pages. This can become risky quickly - particularly if it creates an impression of affiliation, endorsement, or that you’re offering the competitor’s goods/services.

Depending on how it’s used, this may raise trade mark issues and/or issues under the Fair Trading Act (for example, if it’s likely to mislead or deceive customers).

5. Confusing Copyright With Trade Marks

Trade marks and copyright are different types of intellectual property with different rules. A design might be protected by copyright, while the brand sign might be protected by a registered trade mark.

If you’re selling products, commissioning designers, or creating marketing assets, it helps to get clear on trade mark vs copyright so you know what you’re actually protecting (and what you might be infringing).

How Do You Check For Trademark Infringement Risk Before You Launch?

If you want to reduce your risk of trademark infringement in New Zealand, the best time to do the checks is before you:

register a company;
buy a domain name;
order signage/packaging;
build your website; or
spend money on marketing.

Here’s a practical approach small businesses can follow.

Step 1: Do A Trade Mark Search (Not Just A Google Search)

A quick Google or Instagram search is a good start, but it’s not enough.

You’ll want to search the IPONZ trade mark register (Intellectual Property Office of New Zealand) for:

identical marks;
similar sounding marks;
alternative spellings;
similar logos (where relevant); and
marks registered in related classes.

This is where a professional search and legal assessment can be useful - not only to see what exists, but to interpret what’s “confusingly similar” in the real world.

Step 2: Check How You’ll Actually Use The Brand

Trade mark risk isn’t only about the name in isolation. It’s about the name in context:

What goods/services are you selling?
Who is your target customer?
Where will you sell (local, nationwide, online)?
Will you use a logo, stylised font, or distinctive packaging?
Will the public likely think you’re connected to another business?

Two similar names might be low risk if they’re used in completely different categories. The same similarity could be high risk if you’re in the same market and selling to the same customers.

Step 3: Consider Registering Your Own Trade Mark Early

If your brand is central to your business, registration can be a strong “set and forget” protection tool (while you keep building the business).

Registration can also make it easier to:

stop copycats;
prove your rights when dealing with online platforms;
increase the value of your business for investment or sale; and
license the brand or franchise later.

For many businesses, the key step is to register your trade mark in the right classes, in the right name (for example, your company rather than you personally), and with a strategy that matches your growth plans.

Step 4: Don’t Rely Only On A Trading Name Or Company Registration

Registering a company with the Companies Office doesn’t automatically give you trade mark rights.

Similarly, using a trading name doesn’t guarantee you can stop others using something similar (or that you’re safe to keep using it).

Brand protection often involves a combination of steps - including trade mark registration, domain name strategy, and consistent brand use. If you’re still at the naming stage, it helps to think about how to protect a business name as part of your overall launch checklist.

What Should You Do If You’re Accused Of Trademark Infringement?

Receiving a cease and desist letter (or even a blunt email) can feel intimidating - especially when you’re busy running a business.

But don’t panic, and don’t ignore it either. What you do in the first week can make a big difference to your options.

1. Don’t Admit Liability Too Quickly

It’s normal to want to smooth things over, but an early “sorry, we didn’t realise” message can sometimes be used against you later.

A safer starting point is to acknowledge receipt and say you’re looking into it.

2. Get Clear On What Right They’re Actually Claiming

Ask (or have your lawyer check):

Do they have a registered trade mark in New Zealand?
What is the registration number and classes?
Is your use actually within the same or similar classes?
Are they claiming trade mark infringement, passing off, Fair Trading Act breaches, or all three?
What exactly do they want you to stop doing (name, logo, domain, packaging, social handles)?

3. Preserve Evidence And Map Out Your Timeline

Gather:

when you first started using the brand;
how you’ve used it (website, packaging, invoices, ads);
your brand development documents (design briefs, invoices); and
any searches you did before launching.

This helps your lawyer assess your risk and possible defences - and it can also help if you need to negotiate a practical outcome (like a phase-out period rather than an immediate shutdown).

4. Think Commercially (Not Just Legally)

Sometimes you may have legal arguments - but the best move commercially could still be a rebrand (especially if you’re early-stage and the brand hasn’t gained traction yet).

Other times, you may be able to negotiate coexistence (for example, by limiting certain uses or agreeing on clear brand distinctions).

The main point is: don’t lock yourself into a position until you’ve checked the facts and the costs.

What Can You Do If Someone Is Infringing Your Trade Mark?

If you’ve spotted another business using a similar brand, you’ll usually want to move quickly - but in a controlled way.

Here are common steps (and why each matters).

1. Confirm Your Rights And The Scope Of Your Registration

Start with the basics:

Do you have a registered trade mark?
Is it registered for the goods/services you’re actually selling?
Is the other business operating in the same or similar space?

If you don’t have a registration, you may still have options (for example, passing off or Fair Trading Act claims), but the strategy can be different and more evidence-heavy.

2. Document The Infringing Use

Take dated screenshots and save copies of:

webpages and online listings;
social media pages;
ads;
product photos;
customer confusion evidence (messages, reviews, emails); and
where the products/services are being offered in New Zealand.

It’s much easier to resolve a dispute when you have clear evidence of what’s happening.

3. Consider A Graduated Approach (But Don’t Delay Too Long)

Depending on the situation, you might:

start with a friendly outreach (particularly if it looks accidental);
send a formal cease and desist letter;
notify online platforms (where appropriate); and/or
take legal action if needed.

The “right” approach depends on your brand value, the strength of your rights, the other business’s behaviour, and how urgent the damage is.

4. Watch Out For Broader IP Issues (Like Copying Your Marketing Content)

Some disputes aren’t only about the name or logo. You might also find your product photos, website copy, or packaging designs being copied.

In that case, you may need to look beyond trade mark claims and consider copyright and other protections. If you’re dealing with this kind of issue, it’s worth thinking about how can you avoid breaching copyright (and what it means when someone else hasn’t avoided it).

5. Get Advice Before You Escalate

Trade mark disputes can move quickly - and letters written in the heat of the moment can accidentally harm your position.

A tailored legal approach can help you:

choose the strongest cause of action (trade mark vs Fair Trading Act vs passing off);
ask for the right outcome (stop use, transfer a domain, phase-out, undertakings, costs); and
avoid overreaching (which can backfire and make settlement harder).

If you want a deeper overview of how these disputes work in practice, trademark infringement nz is a good starting point - especially if you’re comparing your options and trying to plan your next move.

Key Takeaways

Trade mark infringement in New Zealand generally involves using the same or a confusingly similar mark to a registered trade mark for the same or similar goods/services, in a way that falls within the “restricted acts” in the Trade Marks Act 2002 (often because it is likely to deceive or confuse).
You can still face brand disputes even without a registered trade mark, including claims under passing off and the Fair Trading Act 1986 (especially where customers could be misled).
Many small businesses infringe accidentally by skipping trade mark checks, expanding into new products/services, or using “inspired” branding that’s too close to an existing brand.
Before you launch, do a proper trade mark search, consider the classes you need, and think about registering early so you’re protected from day one.
If you’re accused of infringement, don’t ignore it - confirm what rights are being claimed, gather your evidence, and get tailored advice before responding.
If someone is infringing your brand, document the conduct, confirm your rights, and take a strategic approach (often starting with a letter and escalating only if necessary).

Note: This article is general information only and does not constitute legal advice. If you’d like help protecting your brand or dealing with a trade mark dispute, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.

Trademark Infringement In New Zealand: What Businesses Should Know