Different types of IP require different protection approaches. Understanding your options helps you make informed decisions about where to invest.
Trademarks for brand elements
Trademark registration is the primary protection for brand elements. A registered trademark gives you:
- Exclusive rights to use the mark throughout New Zealand
- Legal grounds to stop others using similar marks
- An asset that can be licensed or sold
- Protection lasting 10 years, renewable indefinitely
You can trademark words, logos, colours, sounds, shapes, or combinations. The key requirement is that the mark is distinctive and identifies your goods or services.
Company name registration is not trademark protection. Registering a company name with the Companies Office only prevents other companies using exactly the same name. It does not stop anyone trading under a similar name or registering it as a trademark. To properly protect your business name, you need trademark registration.
Copyright for creative works
Copyright protection is automatic in New Zealand. As soon as you create an original work, you own the copyright. No registration is required.
However, you should:
- Keep records showing when works were created
- Use copyright notices on important works
- Ensure employment and contractor agreements address IP ownership
- Document any transfer or licensing of copyright
Patents for inventions
Patents protect genuinely novel inventions. To be patentable, an invention must be:
- New - not previously known or used
- Useful - have practical application
- Non-obvious - not an obvious development to someone skilled in the field
Patents require a detailed application process, examination by IPONZ, and provide 20 years of protection. They are most relevant for technology companies and manufacturers with genuinely innovative products or processes.
Trade secrets through confidentiality
Valuable confidential information can be protected through proper confidentiality measures:
Identify what is confidential
Not everything is a trade secret. Document what information is genuinely confidential and valuable.
Limit access
Only share confidential information with people who need to know it.
Use confidentiality agreements
Employment agreements, contractor agreements, and non-disclosure agreements should include confidentiality obligations.
Implement security measures
Password protection, access controls, and secure storage demonstrate you treat the information as confidential.
What we do at this stage
We help you understand which protection options make sense for your situation. Not every business needs every type of protection. We focus on what provides practical value.