New guidelines in NZ for trade marks featuring Māori elements
As use of Te Reo Māori is becoming widespread and increasingly popular throughout New Zealand, trade mark applicants have sought to incorporate Māori words, imagery and indicia to acknowledge New Zealand as the origin of, and increase the value of, New Zealand products and services.
It is therefore no surprise that since the Māori Trade Marks Advisory Committee was established in 2003 there has been a 10% increase in trade mark applications being referred to the Committee. Along with the increase in use of Māori words, imagery and indicia, the Committee found there is a growing understanding of and appropriate use of these cultural elements. Moreover, there is a decrease in culturally offensive use of Māori words, imagery and indicia.
The New Zealand Trade Marks Office and Māori Trade Marks Advisory Committee has developed new practice guidelines to improve the appropriate use of Māori words, imagery and indicia and to explain specific Māori concepts including:
- Māori words and names, people and places
- Taonga Māori (landmarks, flora and fauna and species)
- Toi Māori (art, carving, moko)
- Whānau, hapū or iwi tribal land (waterways, mountains, social systems)
- Mātauranga (traditional knowledge).
The new guidelines provide information about why unique Māori elements may be deemed offensive when used in combination with products or services. In addition, the Aratohu Mātauranga checklist has been developed to assist applicants when adopting a trade mark with a Māori element. The checklist is optional and encourages applicants to consider the nature of the Māori element, its meaning, origin, significance, advice and permission and appropriate use of the mark.
See links below to the practice guidelines and Aratohu Mātauranga checklist.
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