These are some common myths you’ll hear about trademarks.
- “I have NZ Companies Office registration so have secured my name” – NO, a company registration doesn’t give you any rights to prevent that name being used as a brand by others in business, or indeed stop others from registering a trademark for that name.
- “Change it by 20% and I won’t infringe” – NO, determining if a trademark is infringed has nothing to do with percentage similarity. There is no percentage rule.
- “I have trademarked my idea, book, invention, movie… etc.” – NO, a trademark is for marks that are used in commerce and cannot protect an idea, book, invention or movie. There are other forms of Intellectual Property for those things.
- “Only words and logos can be trademarked” – NO, trademarks that have been registered include combined marks (word + logo) smells and colours.