Trade Marks Act 2002

Registrability of trade marks - Relative grounds for not registering trade mark - Registrability of trade mark that contains person's name

23: Registrability of trade mark that contains person's name

You could also call this:

"Rules for using someone's name or picture in your trade mark"

If you want to register a trade mark that includes someone's name or picture, you need to be aware of some rules. The Commissioner, who is in charge of registering trade marks, might ask for written permission. You need this permission from the person whose name or picture you're using, but only if they died less than 10 years ago. If the person died more than 10 years ago, you don't need their permission. If the person died within the last 10 years, or if the Commissioner thinks it's not possible to get the person's permission for some other reason, you might need to get permission from the person's legal representative instead. This rule helps protect people's names and images from being used in trade marks without proper consent.

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This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164471.

Topics:

Business > Intellectual propertyRights and equality > Privacy

22: Registrability of trade mark that contains certain words, or

"Rules for using special words in trade marks"

24: Registrability of trade mark that contains representations of Royal Family, or

"Rules for trade marks with pictures of the Queen or Royal Family"

Part 2Registrability of trade marks
Relative grounds for not registering trade mark: Registrability of trade mark that contains person's name

23Registrability of trade mark that contains person's name

If a person applies for registration of a sign as a trade mark and the sign contains the name or representation of a person, the Commissioner may require the written consent of—
that person unless the person died 10 years or more before the making of the application; or
the person's legal representative if—
1. the person died within 10 years before the making of the application; or
2. the Commissioner thinks the person's consent cannot for any other reason be obtained.