Benefits of registering a trademark

8 June 2023

A trademark is a great way to distinguish your business from your competitors. It acts as a “badge of origin”, enabling consumers to identify your products or services in the marketplace.

You do not have to register a trademark in order to start using it with your business, but registration comes with certain benefits. These include:

  1. You have the exclusive right to use the mark anywhere in New Zealand in relation to the goods and/or services specified in the registration.
  2. The mark is publicly available on the Intellectual Property Office of New Zealand website, which will act as a deterrence for anyone considering using an identical or similar mark to you.
  3. You can use the ® symbol with the mark, which will put your competitors on notice of your registered trademark rights.
  4. It will be easier to enforce your rights in the mark. To enforce an unregistered mark you must first prove you have an established reputation in your mark in the area where the unauthorised use occurred, which can be difficult. If you have a registered mark, you do not need to prove an established reputation to enforce your rights.
  5. You will be protected from claims of trademark infringement for using the mark.
  6. Registration will convert your business’s goodwill or reputation into a property right, making it easier to sell or license to others. This can also increase the value of your business when selling.

If you’re thinking about registering a trade mark or would like more information, we are happy to answer any questions you may have.

Aaron Young is part of our Corporate & Commercial team at Norris Ward McKinnon.

Corporate & Commercial Team