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

 

Cosmetics & Pollution: Proposal To Ban Microbeads

Cosmetic products containing microbeads will be banned under a proposal announced by the Minister for the Environment today. Marine scientists have been advocating for a ban on the microplastics, which have been found to quickly enter waterways and harm marine life. More>>

ALSO:

NIWA: 2016 New Zealand’s Warmest Year On Record

Annual temperatures were above average (0.51°C to 1.20°C above the annual average) throughout the country, with very few locations observing near average temperatures (within 0.5°C of the annual average) or lower. The year 2016 was the warmest on record for New Zealand, based on NIWA’s seven-station series which begins in 1909. More>>

ALSO:

Farewell 2016: NZ Economy Flies Through 2016's Political Curveballs

Dec. 23 (BusinessDesk) - New Zealand's economy batted away some curly political curveballs of 2016 to end the year on a high note, with its twin planks of a booming construction sector and rampant tourism soon to be joined by a resurgent dairy industry. More>>

ALSO:


NZ Economy: More Growth Than Expected In 3rd Qtr

Dec. 22 (BusinessDesk) - New Zealand's economy grew at a faster pace than expected in the September quarter as a booming construction sector continued to underpin activity, spilling over into related building services, and was bolstered by tourism and transport ... More>>

  • NZ Govt - Solid growth for NZ despite fragile world economy
  • NZ Council of Trade Unions - Government needs to ensure economy raises living standards
  • KiwiRail Goes Deisel: Cans electric trains on partially electrified North Island trunkline

    Dec. 21 (BusinessDesk) – KiwiRail, the state-owned rail and freight operator, said a small fleet of electric trains on New Zealand’s North Island would be phased out over the next two years and replaced with diesel locomotives. More>>

  • KiwiRail - KiwiRail announces fleet decision on North Island line
  • Greens - Ditching electric trains massive step backwards
  • Labour - Bill English turns ‘Think Big’ into ‘Think Backwards’
  • First Union - Train drivers condemn KiwiRail’s return to “dirty diesel”
  • NZ First - KiwiRail Going Backwards for Xmas
  • NIWA: The Year's Top Science Findings

    Since 1972 NIWA has operated a Clean Air Monitoring Station at Baring Head, near Wellington... In June, Baring Head’s carbon dioxide readings officially passed 400 parts per million (ppm), a level last reached more than three million years ago. More>>

    ALSO:

    Get More From Scoop

     
     
     
     
     
     
     
     
    Business
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news