In 2002, New Zealand became the first country in the world to incorporate cultural awareness and considerations into our intellectual property (IP) laws, by establishing the Māori Trade Marks Advisory Committee in our Trade Marks legislation.
In the last 20 years, the use of te ao Māori by New Zealand businesses and those in the creative and innovation sectors has become increasingly popular. The use of Māori words, imagery or other cultural elements creates a unique position in global markets for New Zealand brands, and increases the value of local products and services.
Since its establishment, the Māori Trade Marks Advisory Committee has seen an average 10% annual increase in the number of referred cases. The Committee has also seen a growing understanding of the appropriate use of Māori cultural elements in trade marks where the number of trade mark applications found offensive by the Committee has decreased from its highest point of 8% in 2018, to 4% over the last 3 years.
To continue to improve the rate of appropriate use of Māori cultural elements in trade marks, IPONZ in conjunction with the Māori Trade Marks Advisory Committee have developed new guidelines. We particularly acknowledge Karen Te O Kahurangi Waaka, the chair of the Māori Trade Marks Advisory Committee, for her significant involvement with this mahi. The new guidelines help explain specific Māori concepts, and discuss why using certain Māori elements in combination with some products or services may be considered offensive.
We’ve also developed an Aratohu Mātauranga checklist. This checklist is intended to help applicants think through potential issues if their trade mark contains Māori elements. Completing this checklist is optional, and is not required as part of a trade mark application.
View these resources below: