Māori Trade Marks in New Zealand

Filing a trade mark in New Zealand involves more than just a standard legal and commercial conflict check. The nation’s unique legal framework, grounded in the Treaty of Waitangi, places a profound importance on protecting and respecting its indigenous culture.

For businesses, this is most clearly demonstrated in Section 17(1)(c) of the Trade Marks Act 2002. This “absolute ground” for refusal states that the Commissioner of Trade Marks must not register a trade mark if its use or registration would be “likely to offend a significant section of the community, including Māori”.

This is not a peripheral or rarely-used provision. It is a central, active part of the examination process for every trade mark application filed.

To provide expert guidance on this matter, the Act requires the Commissioner to maintain a Māori Trade Marks Advisory Committee (“the Committee”). This body, comprised of members with a deep understanding of Māori culture, knowledge (mātauranga), and custom (tikanga), advises the Commissioner on the cultural appropriateness of marks.

The Examination Process

Every single trade mark application filed in New Zealand is assessed by the Intellectual Property Office of New Zealand (IPONZ) to determine if it “is, or appears to be, derivative of a Māori sign”.

This is an extremely broad definition. A “Māori sign” is not just a traditional carving or a word in Te Reo Māori. It is anything sourced from a Māori world view (Te Ao Māori), including:

• Words (kupu): Any Māori words, proverbs, or expressions.
• Names: Māori names, including whānau (family), hapū (sub-tribe), or iwi (tribe) names.
• Places: Names of Māori places, landmarks, mountains, or waterways.
• Art (Toi Māori): Carvings, moko (tattoo), raranga (weaving), and other visual arts.
• Treasures (Taonga): This includes taonga species (native flora and fauna like the kiwi) , historical accounts, and cultural stories.

If an examiner identifies your mark as containing any such element, your application is automatically referred to the Committee for review, at no additional charge.

This referral happens to all applicants, regardless of their own cultural background. Our firm will be notified of this referral, and we will manage all subsequent communications. The Committee then provides its formal advice to the Commissioner, who will consider it when deciding whether to raise a Section 17(1)(c) objection.

The main conflict

To understand why a mark might be offensive, it is essential to understand the core Māori concepts of tapu and noa. This is, by far, the most common reason for an objection. Tapu is one of the strongest forces in Māori life. It can be interpreted as “sacred,” “prohibited,” or a “spiritual restriction.” A person, place, or object that is tapu must be treated with the utmost respect and is often subject to rules and prohibitions. Noa is the opposite of tapu. It means “common” or “unrestricted” and has the effect of lifting the spiritual restrictions of tapu .

The central issue arises when a tapu element is associated with a noa element. This act of association is seen as degrading and disrespectful, as it “lifts the tapu” from the sacred element, causing deep offense.

In a trade mark context, this most often occurs when a sacred name or image is used on common, everyday consumable goods. For example, Māori consider a chief (rangatira) and a carving (whakairo) to be tapu. Food, alcohol, and cigarettes are considered noa.

Therefore, placing an image of a sacred carving on a food label, or using the name of a revered ancestor for an alcoholic beverage, would be a direct tapu/noa conflict and would almost certainly be found offensive .

High-Risk Marks

Our pre-filing analysis focuses on identifying these high-risk elements. The Committee’s advice is likely to result in an objection if your mark contains-

• Atua (Deities) or Tūpuna (Ancestors)- Using the names of Māori deities (like Ranginui or Papatūānuku) or revered ancestors is considered highly tapu. An objection for these marks is “very likely”.
• Sacred Words (Kupu): Many Māori words carry a tapu status. For example, ‘ariki’ (high chief) or ‘kuia’ (a term of great respect for an elder woman) are sacred. Using ‘kuia’ on food or alcohol products, for instance, would be a clear tapu/noa violation and highly offensive.
• Geographical Names: Māori place names for mountains, rivers, and landmarks are deeply connected to iwi identity and are considered taonga (treasures) . Using such a name without permission, especially on noa products like alcohol or gambling services, is likely to be offensive.
• Wāhi Tapu (Sacred Sites): Any reference to a place that is traditionally, spiritually, or mythologically sacred to Māori is almost certain to be refused, and consultation may not be enough to overcome the objection.
• Taonga Species: These are the native flora and fauna of New Zealand (e.g., kiwi, kawakawa, pounamu). A trade mark that consists solely of the name of a taonga species (e.g., “KIWI” for food) is likely to be considered offensive, as it attempts to claim exclusive, individual ownership over a collective treasure. Marks that include the name as part of a larger, stylised logo are assessed on a case-by-case basis.
• Specific Taonga: Some taonga are explicitly protected and under the guardianship (kaitiaki) of specific iwi. Our firm is aware of these specific protections, which includes, Haka Ka Mate, which requires consultation with and permission from Ngati Toa Rangatira and Pounamu (Greenstone), under the guardianship of Te Rūnanga o Ngāi Tahu. Use of the word or image may require their permission.
• Inappropriate Inferences: Using Māori imagery in a way that creates a negative or inappropriate stereotype can be offensive. The guidelines cite historical (and now unacceptable) examples like a “Native Sauce” label depicting a Māori man smoking, or a tiki on a pale ale bottle.
• Language Crossovers: If your mark is a word from another language (e.g., Japanese, or even English slang) but also has a meaning in Te Reo Māori, it will be assessed based on its Māori meaning . The common kiwi vernacular ‘mate’, for example, will be assessed as the Māori word ‘mate’ (meaning death), which could be deeply offensive depending on the goods.

Trade mark strategy

Navigating this complex cultural and legal landscape is a core part of our service. Our goal is to protect your brand while ensuring the process is handled with the sensitivity and respect it requires.

The single best strategy is to address these issues before you file. IPONZ itself encourages applicants to seek specialist advice and engage with Māori prior to lodging an application.

As part of our standard clearance search, we will assess if your mark is likely to be identified as a “Māori sign”, analyze the mark for any potential tapu/noa conflicts with your proposed goods or services, identify if your mark contains specific words, images, or taonga that are associated with a particular iwi or hapū and advise you on the level of risk and the likelihood of a referral to the Committee.

If a high risk is identified, we will advise you on the best path forward. This may involve engaging with a Māori language or cultural expert, or facilitating direct engagement with the relevant iwi or whānau. Gaining the trust and permission of the “kaitiaki” (guardians) of the relevant taonga is the most respectful and effective way to ensure your application will be successful.

If your application is already on file and has received an offensiveness objection, we will manage the formal response. There are two primary ways to overcome this by working with you to undertake the necessary consultation with the relevant Māori group. If this results in permission being granted, we will file this evidence in a formal submission to the Commissioner.

If the objection is a tapu/noa conflict, we can often resolve the issue by filing an amendment to your specification. For example, if your mark is for goods in Class 30 (food) and Class 9 (software), we can overcome the tapu/noa clash by deleting the noa goods (food) from the application.

Finally, it is critical to know that even if the Commissioner accepts your mark for registration, it can still be opposed by iwi or other Māori entities before it becomes registered. Our proactive approach is designed to mitigate this risk, ensuring your brand has the best possible chance of not only being accepted, but of co-existing respectfully within the unique cultural landscape of Aotearoa New Zealand.

Contact us today for a free consultation now.