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Who we are We re a boutique corporate / commercial law firm that - PowerPoint PPT Presentation

Dec 22, 2022 •149 likes •305 views

Who we are We re a boutique corporate / commercial law firm that specializes in tech, media and IP Our clients vary in size vendors and customers We advise clients on: IP creation, ownership, registration and

  2. Who we are We ’re a boutique corporate / commercial • law firm that specializes in tech, media and IP Our clients vary in size – vendors and • customers We advise clients on: • • IP creation, ownership, registration and enforcement • General consumer law

  3. Trade Marks 101 A little bit of history • “Unique identifier” often referred to as a • “brand” or “logo” Distinguishes products from a competitor • product Helps create brand association • • E.g. origin, quality, status

  4. Examples Word - e.g. ALL BLACKS, MCDELIVERY • Device - e.g. • Shape - e.g. • Colour – e.g. for “ block • chocolate”

  5. Registration Does not need to be registered but • registration has benefits if registered; If unregistered Registration • • Territorial – country specific, in NZ we have the Trade Marks Act 2002 • Class based – 45 classes • Duration is infinite, if the trade mark is used and fees are paid To be capable of registration: • • Must be a trade mark – capable of distinguishing • Must be distinctive – not descriptive

  6. Benefits of registration Exclusive right to use your trade mark in • NZ (or other territory) to promote your goods What is your brand? • • trading name • business name • domain name • app name • doesn’t need to match company name • Easier to find on the Internet  Helps to ensure that you will not infringe

  7. Benefits of registration Deter / prevent others from trying to imitate • your brand or benefit from its success Helps to ensure that use will not infringe • • IP offices undertake a similarity search • Defence to infringement • Allows third parties the chance to object  Helps to ensure that you will not infringe

  8. Off-shore registration • 2 routes to registration • National • International registration / WIPO / Madrid • National • Local agents (“free” advice) • More $ • Often quicker • International • No local agents • Potentially less $ • Slower

  9. Where to register? Services • • Online service platform – global customer base? Available where? • Local customers / service provider? Goods • • Sale • Manufacture (applying mark?) • Local distributor?

  10. Where to register? Where matters to you? • • Commercial importance • Future market • Competitor / reserve the “space” • Where would you take action?

  11. Why register? • Ability to use • Was brand cleared? • Early indication of infringement risk • Gives you ownership / control in that territory • Allows change in local operator • Prevent brand jacking • Creates a more concrete offering for business sale

  12. Why register? Custom notices • • inward • outward Distributor / sales agent • Online selling platform • Social media • Regulatory process • • Domain name?

  13. Who should register? You (NZ entity) • Your local wholly owned entity • Not your local distributor or agent •

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