Trademarks containing Māori elements in New Zealand

Cultural factors are characteristics, symbols, or concepts that have deep meaning in a particular culture. When integrated into a brand, they are not merely a beautiful design, but also a bridge to connect with customers on a deep emotional level, creating empathy and loyalty. In a competitive market, owning a brand with a strong cultural imprint makes the product stand out and is easy to remember in the minds of customers. Cultural elements evoke shared memories, experiences, and emotions, creating a deep connection between the product and the consumer. In New Zealand, there is a separate department for the appraisal of Māori cultural elements in the process of trademark registration.

Why Māori people influence trademarks in New Zealand

The Māori, New Zealand’s indigenous people, have left a deep mark and a tremendous influence on the country’s culture, society, and identity.

About culture and history

• Language: Māori (Te reo Māori) is one of the two official languages of New Zealand. Many of the landmarks, words, and terms in New Zealand English are of Māori origin.
• Legends and myths: Stories of Māori gods, ancestors, and historical events have become an integral part of New Zealand’s cultural heritage.
• Arts and crafts: Traditional Māori art forms such as carving, sculpture, weaving, and tattooing have profoundly influenced New Zealand’s contemporary art.
• Haka: The traditional Māori collective dance, the haka, has become a symbol of New Zealand’s national spirit and is known worldwide.

Tourism

• Māori culture is one of the biggest tourist attractions to New Zealand. Many visitors come to New Zealand to experience Māori culture, participate in traditional activities, and explore historical sites.

Social

• Family and community values: The Māori value family, community, and the relationship between humans and nature. These values have influenced the way New Zealanders view life and interact with each other.
• Respect for nature: Māori people have a deep relationship with nature and the environment. This perspective has influenced environmental conservation and sustainable development in New Zealand.
• Treaty of Waitangi: The Treaty of Waitangi, signed between the Māori and the British in 1840, was the legal basis for the relationship between these two groups and shaped New Zealand’s political history.

Māori Factor in Trademark Registration in New Zealand

The use of Māori elements in trademarks should be done in a respectful manner and in accordance with Māori culture. To ensure this, IPONZ (Intellectual Property Office of New Zealand) has a special review process for trademark applications containing Māori elements. This process includes consultation with the Māori Trade Marks Advisory Committee (MTAC) to assess whether the use or registration of the trademark may infringe on the Māori people. The Māori Trademark Advisory Committee is a very important body in New Zealand, especially in the field of intellectual property, namely trademark registration. This committee plays a key role in protecting and respecting Māori culture, an important part of the country’s heritage.

Why is the Māori Trademark Advisory Committee important?

• Protecting Māori Culture: Māori culture is a valuable heritage of New Zealand. The commission helps to ensure that no one takes advantage of this culture for profit without respecting its meaning and value.
• Preventing Misuse: The Commission helps prevent the arbitrary use of Māori words, images, or symbols in trademarks, especially when such use may mislead, offend, or diminish the value of Māori culture.
• Ensuring Accuracy: The Commission helps ensure that any trademark that uses Māori elements uses them correctly and culturally.

The role of the Commission in the trademark registration process

When a trademark application containing Māori elements is submitted to IPONZ (Intellectual Property Office of New Zealand), IPONZ will forward the application to the Māori Trademark Advisory Committee for comments. The Commission will review the application and respond to IPONZ on the following issues:

• Whether the trademark uses Māori elements in a respectful manner: The committee will assess whether the use of Māori elements is consistent with Māori culture and traditions.
• Whether the trademark may mislead or offend the Māori community: The Commission will consider whether the trademark may cause misunderstandings about Māori culture or adversely affect the Māori community.
• Whether the trademark may be confusing with other registered Māori trademarks: The Commission will examine whether the new trademark is duplicate or too similar to previously protected Māori trademarks.

Trademark registration dossier with Māori element in New Zealand

• Trademark Registration Form: This application provides detailed information about the applicant, the trademark, and the goods or services for which the trademark will be used.
• Brand image: Clear image, fully expressing the characteristic elements of the brand.
• Catalogue of goods and services: A detailed list of products or services for which the trademark will be protected, classified according to the Nice classification.
• Authorization (if applicable): If you authorize a trademark agent, a valid authorization is required.
• Priority request (if applicable): If you have previously registered your trademark in another country, you can request priority.
• Translation and transcription (if necessary): If the trademark contains Māori words or symbols, an accurate translation and transcription into English should be provided.

Additional Documents for the Māori Trademark

• Cultural Impact Assessment Report: This report should demonstrate your deep understanding of Māori culture and why you chose to use Māori elements in your brand.
• Māori Community Consent Letter: If possible, you should obtain a consent letter from the relevant Māori community, especially when the trademark relates to cultural elements that are specific to a particular tribe or region.
• Expert Opinion: The opinion of experts in Māori language and culture will help reinforce the accuracy and relevance of the mark.

Procedures for Processing Trademark Applications Containing Māori Elements in New Zealand

Submit an application

• Submit your application to IPONZ: You submit your completed application to the Intellectual Property Office of New Zealand (IPONZ).
• Proceed to the Māori Trademark Advisory Committee: IPONZ will forward your application to the Commission for evaluation.

Inspection and Publication

• Preliminary check: IPONZ will check that your profile is fully informed and compliant with regulations.
• Uniqueness Test: IPONZ will compare your trademark with registered trademarks to ensure uniqueness.
• Publication: If you pass the checks, your trademark will be published in the New Zealand Intellectual Property Gazette.

Protest phase

• Opposition period: For a certain period of time, anyone can object to the registration of your trademark.
• Answer the objection: If there is an objection, you will have the opportunity to explain and protect your rights.

Issuance of registration certificates

Issuance of Certificate: If no one objects or the opposition is resolved, you will receive a certificate of trademark registration.

If you wish to file a trademark application containing Māori elements in New Zealand, please contact Viet An Law for the most effective support.