6 Trade Mark Questions to Ask Before Exporting Products Internationally

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Table of Contents

• 1. Why Are Trade Marks Important When Exporting Goods?
• 2. How Do I Conduct a Trade Mark Search? 
• 3. Do I Need to Register My Trade Mark Internationally?
• 4. How Can I Adapt My Trade Mark When Exporting Goods Internationally?
• 5. How Do I Enforce My Trade Mark Rights Overseas?
• 6. How Can I Monitor My Trade Marks When Exporting Goods Internationally?
• Key Takeaways

Exporting your business’ products internationally opens up an array of consumer markets and opportunities, hopefully leading to bigger profits and broader brand recognition.  However, one critical aspect New Zealand businesses must consider when exporting their products overseas is trade mark protection. This article will take you through six trade mark questions to ask before exporting your goods globally.

1. Why Are Trade Marks Important When Exporting Goods?

First, it is crucial to understand the significance of trade marks in international trade. A trade mark is a valuable asset with multiple purposes, including:

• distinguishing your products from competitors;
• building brand recognition; and 
• establishing trust with consumers.

When you expand into international markets, your trade mark becomes a crucial part of your brand’s identity. This is because it is usually the first point of contact between your business and potential consumers. As such, protecting your trade marks is essential for the international success of your business.

2. How Do I Conduct a Trade Mark Search? 

It is essential to understand how you can conduct a trade mark search. You must complete this step before you export your New Zealand goods to international markets.

The search process will differ depending on where you register your trade mark. As such, hiring a trade mark professional with experience in international trade mark registration may be helpful. A trade mark lawyer will have access to extensive databases and knowledge of the different laws in various countries. This enables them to advise you on the likelihood of successfully registering your trade mark in different markets.

3. Do I Need to Register My Trade Mark Internationally?

Next, you need to consider trade mark registration. You should do this once you: 

• have conducted a thorough trade mark search; and 
• are confident that your chosen trade mark is unique and available in your target markets. 

International trade mark registration can be done on a national, regional or international level. For example, one option is to use the Madrid Protocol to register your marks. The Madrid Protocol is an international trade mark registration mechanism that allows you to register your marks in multiple member countries using a single application.

Seeking the advice of an experienced trade mark professional will allow you to determine the best option for your business.

4. How Can I Adapt My Trade Mark When Exporting Goods Internationally?

It is essential to consider cultural nuances when exporting New Zealand products internationally. A meaningless phrase or symbol in one culture may carry negative connotations in another.

One way to consider cultural nuances is to thoroughly research your mark before registering it. This involves researching the local language and culture of your target market. As a result, you should:

• avoid using words or symbols that might offend potential customers; and
• adapt your trade mark to ensure it aligns with local customs and values.

In some cases, it will also be necessary to choose an alternative translation or transliteration of the mark to make it appropriate to a new audience.

5. How Do I Enforce My Trade Mark Rights Overseas?

Next, you must understand how to protect and enforce your marks in international markets. One way to do this is to work with local trade mark experts in your target markets. They will know how to navigate the legal systems in each jurisdiction you operate. A local expert will also be able to assist you with taking legal action when necessary. 

Depending on the country your trade mark is being used in, you may need to:

• send a cease-and-desist letter;
• file a lawsuit; or
• seek alternative dispute resolution mechanisms.

Engaging trade mark watch services that monitor applications in your international target markets is also helpful. These watch services will ensure that you can identify potential infringements early and take action.

6. How Can I Monitor My Trade Marks When Exporting Goods Internationally?

Finally, you must consider how you can monitor your marks overseas. Trade mark registration requires ongoing maintenance and renewal to ensure your marks remain valid and enforceable. These requirements will vary between countries. As such, you must be informed about the requirements and deadlines in each country you operate in. Missing essential deadlines may result in the loss of your trade mark registration. 

Trade Mark Essentials in New Zealand

Our free Trade Mark Essentials in New Zealand guide explains how to register and defend your trade mark registration.

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Key Takeaways

Exporting New Zealand products internationally offers tremendous opportunities for growth. However, it also comes with unique trade mark challenges. Some key considerations you should make before selling your New Zealand products internationally include:

• applying for international trade mark protection;
• amending your trade marks according to cultural nuances; and
• engaging trade mark experts who can advise you on the best ways to enforce your trade mark rights in different countries. 

If you need assistance protecting your trade marks overseas, our experienced trade mark lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0800 005 570 or visit our membership page.