Register for a trademark in New Zealand: steps and costs

Published Monday 20 April 2026

Table of contents

• What is a trade mark?
• Why register a trade mark?
• What can and can't be trade marked?
• Does your trade mark include Māori elements?
• How to check trade mark availability
• How much does trademark registration cost?
• FAQs on trademark registration in New Zealand

Key takeaways

• Check if your trade mark is available before applying by searching the IPONZ database online to avoid wasted application fees and save time if your preferred name or logo is already registered.
• Understand that registering a business name and registering a trade mark are separate processes, as business name registration doesn't stop others from using similar branding while trade mark registration provides broader legal protection across marketing and branding.
• Budget for government application fees of $100 per class of goods or services (excluding GST) plus potential professional fees and renewal costs every 10 years to maintain protection.
• Create distinctive trade marks using made-up words, unexpected associations, or unique logos rather than descriptive terms, as IPONZ will reject trade marks that are too generic or descriptive of your products or services.

What is a trade mark?

A trade mark is legal protection that gives you exclusive rights to your business's brand elements. It covers your business name, logo, product names, and other identifying features. With a registered trade mark, you can stop competitors from copying the things that make your business recognisable.

Trade marks can protect various elements of your brand identity:

• 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 name registration and trade mark registration are separate processes with different protections. Registering a business name lets you trade under that name but doesn't stop others from using similar branding. A trade mark gives you legal rights to prevent competitors from copying your brand.

Business name registration has specific characteristics:

• Prevents other companies from registering the same name
• Required when setting up your business, which in New Zealand includes ongoing duties such as filing an annual return to confirm company details are correct and pay a fee of $49.74 (plus GST)
• Doesn't stop others from using similar names in their marketing or branding

Trade mark registration provides different protections:

• 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 doesn't 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.

Each type of intellectual property protection serves a different purpose. Understanding these differences helps you choose the right protection for your work:

• Copyright: protects original artistic works like novels, music, and art, and is created automatically with any original work, including websites, computer programs, and sound recordings
• Patent: protects new inventions or processes, giving you a legal right to stop others from using your invention for a set period of up to 20 years
• Trade mark: protects your brand identity so others can't use similar words or symbols that confuse customers

Why register a trade mark?

Registering a trade mark protects your brand investment and gives you exclusive legal rights to your business identifiers. Without registration, you have limited options if a competitor copies your branding.

Trade mark registration offers several important benefits for your business:

• Legal exclusivity: other businesses can't 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
• International expansion: provides foundation for overseas trade mark applications

There are some considerations to keep in mind before registering a trade mark:

• Upfront costs: application fees, potential legal costs, and administrative time
• Long-term protection: registration lasts up to 10 years before renewal
• Limited geography: protection typically applies within your registration country

What can and can't be trade marked?

A trade mark can protect words, phrases, logos, colours, shapes, and sounds that identify your business. The strongest trade marks are distinctive and not descriptive of your products.

Some trade marks are stronger than others. Trade marks that work well include:

• Made-up words: like Kodak or Xerox
• Unexpected associations: like Apple for technology or Dove for hygiene
• Unique logos: distinctive visual designs that customers recognise

The Intellectual Property Office of New Zealand (IPONZ) will reject trade marks that could mislead customers or aren't distinctive enough. You can't register a trade mark that is:

• 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)

Does your trade mark include Māori elements?

If your trade mark includes Māori text, imagery, or cultural elements, you may need to consult the Māori Trade Marks Advisory Committee before applying. This committee advises IPONZ on whether trade marks are culturally appropriate.

The committee reviews applications that include Māori cultural elements. These elements may require additional consideration:

• Māori words or phrases: te reo Māori language elements
• Traditional imagery: designs based on Māori art or symbols
• Cultural references: elements that reference Māori heritage or tikanga

IPONZ may refuse applications that are likely to offend Māori. If you're unsure whether your trade mark needs review, contact IPONZ or consult a trade mark attorney with experience in this area.

How to check trade mark availability

Check if your trade mark is available before you apply. Searching first prevents wasted application fees and saves time if your preferred name or logo is already registered.

IPONZ will reject applications that are too similar to existing trade marks in your business category.

Follow these steps to check if your trade mark is available:

1. Do a free search

• Search the IPONZ database online
• Look for identical or similar trade marks in your business category

2. Consider professional search options

• IPONZ search service: The Intellectual Property Office can check for you (paid service)
• Trade mark attorney: Provides comprehensive professional search and strategic advice

If your preferred trade mark already exists, you have several options for getting help:

• Free help: Contact the IPONZ enquiries service or use business.govt.nz resources
• Paid help: Hire a trade mark attorney for complex situations or strategic advice

Checking first helps you save time and money by avoiding applications for existing trade marks.

How much does trademark registration cost?

Trade mark registration in New Zealand costs a government application fee for each class of goods or services you register. IPONZ charges a base fee per class, with additional costs if you use a trade mark attorney.

You'll need to budget for several costs when registering a trade mark. Typical costs include:

• Government application fee: charged per class of goods or services, costing $100 per class (excluding GST)
• Professional fees: optional, but helpful for complex applications
• Renewal fees: required every 10 years to maintain protection

Check the current fees on the IPONZ website before applying.

Protect your business finances as you grow

Registering your trademark helps protect your brand as you grow. As your business expands, tracking legal fees and renewal costs is part of managing your finances.

Xero shows you your business finances in real time, so you can manage costs and plan for growth. Get one month free to see how it supports your business.

FAQs on trademark registration in New Zealand

Here are answers to common questions about registering a trade mark in New Zealand.

How long does it take to register a trade mark?

The trade mark registration process typically takes six to 12 months from application to registration, depending on whether there are any objections or oppositions.

Can I use my trade mark before it's registered?

Yes, you can use your trade mark while your application is being processed. However, you won't have full legal protection until registration is complete.

Do I need a trade mark attorney?

You can apply for a trade mark yourself, but a trade mark attorney can help with complex applications, conduct thorough searches, and provide strategic advice about protecting your brand.

What happens if someone else is using my trade mark?

If your trade mark is registered, you have the legal right to stop others from using it. You can send a cease and desist letter or take legal action if necessary.

Can I register a trade mark for multiple products or services?

Yes, but you'll need to pay a separate fee for each class of goods or services you want to protect.