Who can register a trademark?

Who can apply for a trademark?

A trademark application can be submitted by any person or legal entity that seeks to own the mark, with the exception of a trust. The trustees of a trust may own the mark, but not the trust itself.

The trademark owner may be

• individual(s)

• a partnership (full names of all partners required)

• a company

• one or more of the company owners

• other legal entities, such as an incorporated society  

Trademarks can be owned jointly by two or more entities. You will need to provide the full names of each entity.

The Trademark Office requires applicants to provide their full names, so:

• If you are an individual (or individuals) you need to include both your first and last names. 

• If you are a company, you must provide your company name together with the term “Limited” (if you are a New Zealand company) or the overseas suffix identifying your company (eg. Pty Limited or LLC). 

 Before you apply, you need to decide who owns the trademark. However, you can transfer ownership by assigning the trademark at a later stage, if necessary.

A trademark is a business asset that has monetary value and can be transferred if you decide to sell your business.