Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Companies Office registration does not protect company names


29 November 2012

Companies Office registration does not protect company names, brands or logos

The most common mistake Kiwi business owners make is thinking that their brand name is protected because the New Zealand Companies Office (Companies Office) allowed them to register the company.

Intellectual property expert, Theodore Doucas of Zone IP, an intellectual property consultancy in Wellington, said he receives phone calls every week from puzzled business owners who want to know why their company name wasn’t automatically registered as a trade mark when they registered with the Companies Office.

“Registering your company name with the Companies Office gives you an identity, like a birth certificate, but it does not prevent somebody else trading under your name or one that is confusingly similar.

“It is important to remember that not every company trades under its company name, and that would be one of the many reasons the Companies Office doesn’t police names.”

Mr Doucas said trade mark protection however allows companies to put the ® symbol behind the name of the company, brand, slogan or other mark and it also gives them statutory protection from somebody else trading off of their good name.

“A trade mark actually protects the goodwill and value that the brand name or mark accumulates while trading successfully, and essentially creates an asset that can be bought or sold.

“In other words, it's the sum total of the hard work you have put in to the business. A trade mark also protects the consumer from cheap rip-offs.”

Mr Doucas said his advice to companies thinking of a company or brand name was to avoid names that describe the goods and services they provide.

“For example, ‘we design websites’ describes what you do and makes a good URL, but it is too generic for a trade mark.

“The name, brand or mark should be unique and could make reference to your products or services in a clever way, like Google’s misspelling of ‘googol’.

“Registering your trade mark distinguishes your brand from the competition and will also give you a fair indication of whether you are infringing somebody else’s trade mark,” he said.

Ends

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Broadband Network: Spark Launches New, Competitive Ultra Fibre Plan Line-Up

Spark is giving customers an even more compelling reason to switch to its Ultra Fibre plans from today with the introduction of new competitive pricing for the majority of its plans (details below) and Fibre Landline (voice-over-fibre technology) for ... More>>

Employment: ANZ Proposes Casualisation In Whangarei Stores

ANZ workers in Whangarei could see their incomes drop by 20 to 40 percent if the bank’s proposal to reduce the number of full-time positions goes ahead says FIRST Union national organiser Tali Williams. More>>

Finance: BNZ Develops Specialist Tāmaki Māori Banking Team

BNZ develops specialist Tāmaki Māori Banking Team to support Māori as Auckland grows More>>

Pharmaceuticals: Commerce Commission To Consider Pharmaceuticals Merger

The Commerce Commission has received an application from Pfizer Inc. seeking clearance to acquire all of the shares in Hospira Inc. More>>

Real Estate: Housing Unaffordability Issues Spread

Surging house prices in Auckland and Queenstown last month pushed home ownership even further beyond the reach of first home buyers in the two districts, according to the AMP360 Home Loan Affordability Report for March. More>>

Statistics NZ: Annual Exports To China Dip Below Australia

The value of goods exports to Australia ($8.7 billion) surpassed those to China for the year ended March 2015, Statistics New Zealand said today. More>>

Science: Hookworm Discovery At Malaghan Institute

Professor Graham Le Gros has led a team which has stimulated both innate and memory responses to the parasite, discovering along the way the unexpected behaviour of one particular immune cell, in Hookworm, one of the world’s most devastating tropical ... More>>

Business: Provinces Urged To Make Full Use Of New Air Services

Provincial New Zealand has been urged to use new air services to Auckland or risk losing them either partially or completely. The stark warning was issued today by Far North mayor John Carter at a ceremony at Kaitaia airport to mark the final Air ... More>>

Mobile: 2degrees To Credit All Calls And SMS To Nepal

In the wake of the devastating earthquake in Nepal in the weekend, 2degrees will be crediting all calls and SMS messages made to mobiles and landlines in Nepal from Friday 24th April until midnight Wednesday 29th April. More>>

Scoop Business: Alex Swney Pleads Guilty To $2.5M Fraud Charge

Alex Swney, former chief executive of the Auckland city centre business association Heart of the City, has pleaded guilty to dishonestly using documents to obtain $2.5 million. More>>

ALSO:

Petrol Burns Prices: Second Consecutive Quarterly Fall For CPI

The consumers price index (CPI) fell 0.3 percent in the March 2015 quarter, following a 0.2 percent fall in the December 2014 quarter, Statistics New Zealand said today. The last time the CPI showed two consecutive quarterly falls was in the December 1998 and March 1999 quarters. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news