![]() As a consequence, competitors who may be considering adopting a mark which is the same or similar to yours will be deterred from doing so when they find your registration on the Trade Mark Register.Ī trade mark registration also provides the easiest and most effective means of stopping others from using your trade mark ( or one similar to it ) in relation to goods and services similar to those in which you trade. What other benefits does registration give me?ĭetails of trade mark registrations are publicly available on a searchable database. In addition you cannot be accused of trade mark infringement by using your registered trade mark. However, registering your trade mark gives you a number of benefits including the exclusive right to use the mark throughout New Zealand in relation to the goods and/or services covered by the registration. It is not mandatory to register your trade mark. If the search is clear, can’t I just use the mark? A trade mark search will also tell us whether an application to register your mark is likely to be successful (see below). The search will enable us to tell you whether use of your proposed trade mark is likely to infringe any registered or unregistered rights for the same or similar marks. What does a trade mark search cover?Ī trade mark clearance search will disclose any confusingly similar trade marks which have been registered or which are in use, and which relate to the goods and/or services you are interested in. You can, but before you start using your proposed trade mark, a clearance search should be conducted to ensure your trade mark can be used without infringing anyone else’s rights. A trade mark can be a word, phrase, number, symbol, logo, colour, label, shape, or even a sound or smell, or any combination of these, provided the mark can be represented graphically. Are trade marks limited to words or logos? As such, a trade mark functions as a “badge of origin”, identifying the source of branded goods and/or services. A trade mark indicates a connection between certain goods and services and the trade mark owner.
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