How to register a trademark for your business name
Register trademark protection secures your business name, logo, and brand identity from competitors.
Written by Jotika Teli—Certified Public Accountant with 24 years of experience. Read Jotika's full bio
Published Wednesday 5 November 2025
Table of contents
Key takeaways
• Conduct a comprehensive search of the Intellectual Property Office database before applying to avoid costly rejections and ensure your desired trademark is available in your business category.
• Register your trademark in all relevant classes that cover your current business operations and consider your five-year expansion plans, as protection only applies to the specific classes you register.
• Apply for trademark registration well in advance of when you need protection, as the complete process can take several months from application submission to receiving your certificate.
• Renew your trademark registration every 10 years to maintain legal protection, and use the ® symbol once registered to clearly indicate your brand is legally protected.
What is a trade mark?
A trade mark is legal protection that prevents others from using your business's brand elements. This includes your business name, logo, product names, and other identifying features.
You see trade marks everywhere – like the Nike tick, the word 'Google' and McDonald's golden arches. These brands legally own these identifiers.
Trade marks can protect: * words and phrases such as business names, slogans and product names * visual elements such as logos, colours and shapes * audio elements such as jingles, sounds and music
- Words and phrases: Business names, slogans, product names
- Visual elements: Logos, colours, shapes
- Audio elements: Jingles, sounds, music
Once registered, your trade mark helps customers identify your products and prevents competitors from copying your brand.
What's the difference between a trade mark and a business name?
Business names and trade marks serve different purposes and offer different levels of protection.
Business name registration:
- Prevents other companies from registering the same name
- Required when setting up your business, which in New Zealand includes ongoing duties such as filing what is called an annual return to confirm company details are correct.
- Doesn't stop others from using similar names in their marketing or branding
Trade mark registration:
- Provides broader legal protection across marketing and branding
- Stops competitors from using similar names or logos
- Works independently from business name registration
Registering a business name does not stop others from using similar branding. Registering a trade mark helps your customers recognise your business and prevents confusion.
What's the difference between a trade mark, a copyright, and a patent?
Trade marks, copyrights and patents are all used to protect intellectual property (IP), and which one you use depends on what type of work you're trying to shield.
Copyright protects your original artistic works, such as novels, music and art. A patent protects your new inventions or processes for a set period. A trade mark protects your brand identity, so others cannot use similar words or symbols that could confuse your customers.
Why register a trade mark?
Trade mark registration protects your brand investment by giving you exclusive legal rights to your business identifiers.
Benefits of trade mark registration:
- Legal exclusivity: Other businesses cannot legally use your protected elements
- Customer protection: Prevents confusion when customers see similar branding
- Brand building: Helps customers recognise and return to your business
- Business credibility: Shows you're serious about your brand and wider obligations, which is critical in a regulatory environment where compliance efforts are capable of delivering $1.4 billion in revenue.
- International expansion: Provides foundation for overseas trade mark applications
Things to keep in mind:
- Upfront costs: Application fees, potential legal costs, and administrative time
- Ongoing maintenance: Registration lasts 10 years, then requires renewal
- Limited geography: Protection typically applies within your registration country
What can and can't be trade marked?
Decide what your trade mark will include, such as images, words, colours or sounds. Made-up words, like 'Kodak' or 'Google', work well. You can also use a word not usually linked to your products, like 'Dove' for hygiene or 'Apple' for technology. Read more about choosing a business name in our guide to business naming.
Some things cannot be used in your trade mark, such as:
- offensive (including swear words or pornographic images)
- descriptive of the goods or services it's related to, for example the word 'sports' can't be a trade mark for a sports clothing company
- misleading, for example using the phrase 'carbon neutral' for goods that aren't carbon neutral
- an overly common and non-specific phrase
- a generic shape associated with your business, for example if you sell footballs you can't trade mark the shape of a football
- a national flag (that you don't have permission to use) and other official emblems or hallmarks (like a coat of arms)
How much does trademark registration cost
The cost to register your trade mark depends on the number of classes of goods and services you want to cover. There is a government application fee for each class.
Registering a trade mark protects your brand. You may also pay extra if you use a trade mark professional.
How to check trade mark availability
Check if your trade mark is available before you apply. This helps you avoid costly rejections.
How to check if your trade mark is available:
Step 1: Do a free search
- Search the Intellectual Property Office (IPO) database online
- Look for identical or similar trade marks in your business category
Step 2: Professional search options
If your preferred trade mark already exists:
- Free help: IPO advice service, intellectual property clinics, British Library Business and IP Centre
- Paid help: Trade mark attorney for complex situations
Checking first helps you save time and money by avoiding applications for existing trade marks.
How to apply for a trade mark
Trade mark classes show where your protection applies – you must choose the right classes before you apply.
Understanding the classification system:
- Class: Broad category of goods or services (like 'clothing' or 'financial services')
- Term: Specific description within that class (like 'sportswear' or 'accounting software')
Choose your classes:
- Select at least one class and one term
- Choose all categories relevant to your current business
- Consider your five-year business plans
- Remember: Your trade mark only protects the classes you register
Example: A gym might register in Class 41 (fitness services) and Class 25 (workout clothing) if they plan to sell both services and merchandise.
Follow these five steps to register your trade mark:
Step 1: Prepare your application
- Detail your trade mark (words, logos, or other elements)
- Specify your chosen classes and terms
- Gather supporting documentation
Step 2: Choose your application type
- Standard Application: Basic application process
- Right Start Application: Includes professional checking service
Step 3: Submit your application
- Apply online through the IPO website (recommended)
- Alternative: Use paper forms (slower processing)
Step 4: IPO examination process
- IPO searches for conflicting trade marks
- Similar trade mark owners are contacted for potential objections
- Your application is published in the trade marks journal
Step 5: Registration decision
- If unopposed: You receive your certificate within three months
- If opposed: You can negotiate, withdraw, or defend your application legally
- Registration period: 10 years, then renewable
How long does trademark registration take
Registering a trade mark takes time. After you apply, the Intellectual Property Office examines your application. They publish it so others can object if it is too similar to their own trade mark.
The whole process can take several months from start to finish, so it's wise to plan ahead.
How to use your trade mark
Once you receive your certificate, you can use your trade mark. Add the ® symbol next to your brand to show it is legally protected. You can object if someone tries to register a similar trade mark. You can also sell, market, licence or mortgage your trade mark.
Trade mark infringement is when someone uses your intellectual property (IP) without your permission, including your trade mark. If this happens, you can get legal advice from a solicitor who deals in intellectual property, contact the Intellectual Property Office for help, or reach out to Citizens Advice. If you want to remain anonymous, you can also report it through Crimestoppers or Action Fraud.
FAQs on trade mark registration
Here are answers to some common questions about trade mark registration:
How much does trademark registration cost in New Zealand?
The cost depends on how many classes of goods or services you register. There is a base application fee per class. You may pay more if you use a lawyer or trade mark professional.
What happens if my trademark application is opposed?
If someone opposes your application, you can discuss it with them, withdraw your application or defend it. Consider getting legal advice at this stage.
Do I need a lawyer to register a trademark?
You can apply yourself, but trade mark law can be complex. A lawyer or trade mark attorney can help you with the process.
How often do I need to renew my trademark?
A trade mark registration typically lasts for 10 years. After that, you'll need to renew it to keep your protection active.
Can I trademark a business name that's already registered with Companies House?
Registering a business name does not give you trade mark rights. You must apply for a trade mark, and it must be distinctive and not too similar to existing trade marks.
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