It’s coming up to New Zealand Fashion Week – the perfect time to strut your stuff, not just on the catwalk but in the world of intellectual property too. If you’re a creative, legal protection might sound about as exciting as last season’s collection but trust us: a little legal savvy can make your brand and clothing designs the real stars of the show.
Here are five essential ways to protect your fashion business in Aotearoa, whether you’re building a brand, launching a new label or dreaming up the next iconic design:
| The steps | The whys | |
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Trade mark searches | Before you use your brand name, pause to conduct a trade mark search to ensure it is available for use and low risk. If someone else is already sporting a similar name or logo, you could end up infringing their rights – and nobody wants their launch overshadowed by controversy. |
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Register your brand and elements | Once you’ve found your perfect name, lock it down with trade mark registration. Registration under the Trade Marks Act 2002 is the gold standard for brand protection in New Zealand, giving you exclusivity in your mark for your goods and services and serving as a warning to would-be copycats. |
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Protect your designs | Fashion isn’t just about names – it’s about the look. You can register unique garment shapes, patterns or accessories as designs, giving you exclusive rights for up to 15 years. In addition, copyright arises automatically upon creation and protects original artistic works, such as prints and graphics. Seek legal advice for clarity about what is protected. |
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Use ®, ™ and © symbols | Show the world you mean business. Use the ® symbol for registered trade marks, the ™ symbol for unregistered marks and the © symbol for original artistic works if you own the copyright. These symbols don’t just look official, they also put competitors on notice and can be helpful tools in disputes. |
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Secure domain names and social media handles | Your online presence is as important as your physical one in this day and age. Register relevant domain names such as .nz and .com and secure your social media handles. While these are not intellectual property rights, they are crucial for brand protection. |
Why bother?
Safeguarding your brand and designs lets you pour your energy into creating and innovating, while putting you in the best position for protection from costly disputes and copycats down the track.
If you have any questions about trade marks, registered designs, copyright or online brand protection, the Buddle Findlay IP team is here to help. Let’s make your fashion business as strong legally as it is creatively!
This article was prepared by Sophie Thoreau (special counsel) and Amy Irvine (solicitor).
