Trademarks

Trade marks give you the right to stop others from using the same or confusingly similar trade marks. A trademark is a word, logo, slogan or other sign that is used in commerce for distinguishing your goods and services from others.

Trademarks

​A trademark is any sign used in commerce that is capable of distinguishing your goods and services from those of others.

The most common forms of trademark are Words or Logos but trademarks can also include a slogan, image, sound, stylization, smell, colour.

​Trade marks can be a Registered right (signified by the R in a circle ®) or an unregistered trademark - signified by “TM”.

In New Zealand, uUnregistered trade marks rights exist under the Fair Trading Act and common law. An unregistered trade mark is limited by the reputation and goodwill of the In contrast, a registered trademark gives the owner the right to stop unauthorised use of that trademark anywhere in NZ.

​Registered trademarks are also far easier to enforce than unregistered trademarks.

​A trademark is registered with respect to particular goods or services that the trademark will be used for, e.g. Cadbury has registered trademarks for chocolate but not cars.

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