New Zealand’s tourism and hospitality industry attracts millions of visitors worldwide each year. However, businesses operating in these industries must protect their brand identity. Trade marks are important in safeguarding tourism and hospitality businesses’ brands. This article will take you through six key things about trade mark protection for tourism and hospitality businesses in New Zealand.
1. What Are Trade Marks?
A trade mark refers to any distinctive sign businesses use to identify their goods or services and set them apart from competitors.
Trade marks are a critical aspect of brand identity for tourism and hospitality businesses. They help establish recognition and trust among customers. Further, trade marks can be valuable assets and drive customer engagement and business growth.
2. How Do I Select and Register My Trade Marks?
You should opt for distinctive marks that reflect the uniqueness of your business. You must ensure they:
- are relevant to your industry;
- appeal to your target audience; and
- are easy to remember.
For example, hospitality and trade mark businesses may wish to consider the following when selecting a mark:
- Geographical location: If your business is located in a distinctive place, you might wish to include the location’s name in your trade mark. For example, ‘Mount Tasman Adventures’ for a tour company operating near Mount Tasman.
- Historical references: If the location of your business has historical significance, you may wish to incorporate it into your trade mark.
- Local flora and fauna: Businesses in nature-rich areas may wish to consider using the names of local plants or animals in their trade mark.
- Local cultural elements: For businesses promoting local culture, you should consider using phrases or symbols representing cultural aspects specific to your location. You must do this with careful consideration of Maori culture.
- Local landmarks: Use the names of local landmarks, mountains or beaches as part of your trade mark to tie your business to the geographical location. However, this must be done within the limitations of the trade mark legislation.
- Sustainability initiatives: Businesses focusing on being eco-friendly or sustainable might wish to include terms in the mark that reflect this.
You need to conduct a comprehensive search to ensure that it is not already used by another New Zealand business before registering it. This can prevent potential legal conflicts and complications down the road.
Then, you are ready to register your trade mark with the Intellectual Property Office of New Zealand (IPONZ). Registration provides legal protection for your mark, making enforcing your rights against infringing parties easier.
Continue reading this article below the form3. What Is a Geographical Indication?
Geographical indications are especially valuable in the tourism and hospitality industry. Geographical indications protect the association with specific locations. For example, ‘Marlborough’ is associated with high-quality wine in New Zealand.
You will want to consider registering a geographical indication if your business is linked to a specific location. This safeguards the integrity and reputation of your goods or services.
4. What Are the Benefits of Licensing Agreements
Tourism and hospitality businesses often engage in licensing agreements to extend their brand’s reach.
In the context of trade marks, a licensing agreement is a legal contract that allows one party (the licensor) to permit another party (the licensee) to use their marks for a specified purpose for an agreed-upon term.
For example, a resort might license its name to a nearby golf course or restaurant, allowing those businesses to leverage the resort’s brand for mutual benefit.
Tourism and hospitality businesses often use licensing agreements to operate a franchise. If you are part of a franchise, you must be vigilant about enforcing trade mark standards and maintaining consistency across franchise locations.
5. How Do I Enforce My Trade Marks?
Once your trade marks are registered, you must continuously monitor their use. This proactive approach helps identify unauthorised use and allows timely action against infringing parties.
You must send cease and desist letters to infringing parties when you discover any unauthorised use. This often results in a quick resolution without the need for legal intervention.
6. Do I Need International Trade Mark Registration?
You should consider registering your trade marks internationally if your business operates internationally or plans to expand globally. For example, you might have a coffee shop you wish to franchise overseas. Alternatively, you might license your hotel’s branding to overseas locations. Either way, you should protect your brand in all relevant countries.
Our free Trade Mark Essentials in New Zealand guide explains how to register and defend your trade mark registration.
Key Takeaways
Trade marks are important in safeguarding tourism and hospitality businesses’ brands. As such, you must take adequate measures to protect them. If you operate in either of these industries, you must consider the following questions:
- What are trade marks?
- How do I select and register my trade marks?
- What is a geographical indication?
- What are the benefits of licensing agreements?
- How do I enforce my trade marks?
- Do I need international trade mark registration?
If you need assistance protecting your New Zealand trade marks, 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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