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Establishing a strong brand image is becoming more essential for success than ever. One of the most effective strategies for establishing and protecting your brand identity long term is through trade marks. A trade mark has multiple purposes, including distinguishing your goods or services from others and enhancing your brand reputation. This article will take you through eight tips to use trade marks to elevate your business’s image in the New Zealand market.
1. Understand Trade Marks
It is first essential to understand what trade marks are and how they can be used. In summary, a trade mark is a distinguishable symbol that separates your goods or services from others in the market. Trade marks take a variety of forms. The most common types include businesses’ names and logos. Less common trade mark types include colours or even sounds.
Trade marks in New Zealand are overseen by the Intellectual Property Office of New Zealand (IPONZ). The IPONZ does not just oversee trademarks. They also register and oversee all types of intellectual property, including copyright and patents.
2. Conduct Comprehensive Trade Mark Searches
You must conduct a thorough trade mark search before selecting a mark for your business. This helps ensure that your mark is available and will prevent disputes with other parties. A trade mark search will help you find any existing marks similar to yours. After these marks have been identified, you must determine the risk of infringement. Infringing on the marks of others can be detrimental to your business’ reputation. This makes searches an important step in elevating your brand’s reputation. You should engage an experienced legal professional to help you with such searches. They will have the resources and knowledge to identify and minimise potential issues.
Continue reading this article below the form3. Register Your Trade Marks
Registration is the next step after you have chosen your mark and confirmed it is available for use. Trade mark registration gives you the exclusive right to use your mark for specified goods or purposes. You can then use this trade mark registration to take action against those who use your mark without your consent. This is an excellent mechanism that strengthens the credibility of your brand. In addition, a registered trade mark serves as proof that your brand is committed to quality and authenticity. This further enhances your image in the eyes of consumers.
4. Optimise Trade Mark Protection
You must optimise your trade mark protection beyond just registering it. Instead, you must proactively monitor your marks for any unauthorised use or infringement. There are a few ways you can do this. For example, you may undertake routine checks on the IPONZ’s trade mark database to identify any infringement. Engaging a trade mark watch service that will do this process for you is often more effective. Regardless, you must take quick action against infringements to protect your brand’s identity and reputation. Ongoing infringement without any action to prevent it can cause long-term damage to your image.
5. Use Your Marks Strategically
You must strategically integrate your marks into your marketing to reinforce brand recognition. For example, you should consistently use your marks on your:
- advertising materials;
- packaging; and
- digital platforms (including your website and social media accounts).
Consistent use of your mark in your business materials will help enhance your brand visibility and reputation. Importantly, your marks should be displayed prominently to help maximise their impact on your consumers.
6. Expand Your Trade Mark Portfolio
You must consider expanding your trade mark portfolio as your business grows or changes. This might include adding new marks to your portfolio or expanding classes to existing goods or services. Identifying expansion opportunities will allow you to stay ahead of your competitors and elevate your business’ image.
7. Enforce Your Trade Mark Rights
You must take fast action when encountering unauthorised use of your trade mark. This might be through:
- sending cease-and-desist letters;
- entering negotiations with the other party; or
- commencing legal proceedings legal proceedings.
This is critical for the protection of your brand’s integrity and reputation. Working with legal professionals with experience in intellectual property enforcement can be beneficial. They can help you prepare an effective strategy for your unique needs.
8. Stay Informed About Trade Mark Law Updates
Trade mark laws and regulations are not fixed, meaning they are subject to change over time. Keeping on top of updates to trade mark law will ensure your trade mark strategy remains up to date and help protect your brand. A great way to remain up to date on changes to trade mark law is by working with a legal professional who can advise you of any such changes.
Our free Trade Mark Essentials in New Zealand guide explains how to register and defend your trade mark registration.
Key Takeaways
One of the most effective strategies for establishing and protecting your brand identity long term is through trade marks. Some key trade mark tips to elevate your brand identity include:
- understanding trade marks;
- conducting comprehensive trade mark searches;
- registering your marks;
- optimising your trade mark protection;
- using your mark strategically;
- expanding your intellectual property portfolio when needed;
- enforcing your trade mark rights; and
- staying informed about changes in trade mark laws.
If you need help understanding how trade marks can elevate your business’s image, contact our experienced trade mark lawyers 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.
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