A trade mark is a type of intellectual property (IP) protection that enables you to distinguish elements of your brand from your competitors. As a trade mark owner, you may receive a request from a third party to use your trade mark. This article will take you through your main response options if someone asks to use your trade mark. <\/p>\n\n\n\n
Trade marks can come in various forms, and what you decide to register will depend on your business\u2019 needs. For example, you might choose to register a trade mark<\/a> for your business\u2019:<\/p>\n\n\n\n Noting the above, a trade mark is a sign relating to the branding of your business rather than a descriptor of your business itself. This means that any sign that can distinguish your goods or services from others is capable of being registered.\u00a0<\/p>\n\n\n\n The function of a trade mark means it has a significant impact on the success of your business. Therefore, you should carefully consider whether you will grant permission to use your trade mark.<\/p>\n\n\n\n Before assessing your options to distribute your trade mark, it is important to know what it means to have a trade mark registration. <\/p>\n\n\n\n Firstly, registering a trade mark with the Intellectual Property Office of New Zealand<\/a> (IPONZ) gives you exclusive rights to use, license, and sell the mark for the particular goods or services under which you have registered it.<\/p>\n\n\n\n In other words, your trade mark cannot be used without your consent. Where someone uses your trade mark without your permission, you can take action to prevent this. <\/p>\n\n\n\n Importantly, both registered and unregistered trade marks<\/a> may be protected in New Zealand. Unregistered trade marks are protected under common law and the Fair Trading Act<\/em>. However, rights in an unregistered trade mark are gained by its use. This means that the longer you have used your trade mark, the more likely you will accrue stronger rights.\u00a0<\/p>\n\n\n\n To enforce your rights in an unregistered trade mark, you would likely need to bring a \u201cpassing-off<\/em>\u201d action or action under the Fair Trading Act<\/em>. Doing so would require you to demonstrate that you have a sufficient reputation in your unregistered trade mark, among other factors.<\/p>\n<\/div>\n\n\n\n Essentially, although unregistered trade marks have rights, it is much easier to establish these rights with trade mark registration. <\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nKnow Your Rights<\/h2>\n\n\n\n