New Guidelines on Trade Marks Containing Māori Elements

Overview

The updated guidelines focus on ensuring that any use of Māori words, symbols or other cultural elements in trade marks is done with respect and understanding.  Key to this process is the role of the Māori Advisory Committee, which has been given an enhanced role in assessing trade mark applications that involve Māori elements.  The role of the Māori Advisory Committee is to advise on whether a trade mark is likely to be offensive to Māori, or if it constitutes a misappropriation of traditional knowledge or cultural expressions.

The guidelines make it clear that the inclusion of Māori elements in a trade mark is not merely a branding decision but a cultural consideration that requires careful thought and consultation.  An evaluation by the Māori Advisory Committee can significantly impact the outcome of a trade mark application either bolstering or reducing the chances that an application is approved.  Making it essential for businesses to be well-prepared when submitting applications that include Māori elements.

Business Considerations

Cultural Appropriateness and Sensitivity

The guidelines encourage businesses to consider the potential impact of their trade marks on Māori communities and to take steps to ensure that their use of Māori elements is respectful and culturally appropriate.   This requires a deep understanding of the cultural significance of the Māori elements being used and a careful assessment of whether their use might be perceived as offensive or disrespectful.  Businesses need to approach the use of Māori elements with a genuine respect for Māori culture and avoid any forms of cultural appropriation that might exploit or misrepresent Māori heritage.  

Engagement with Māori Communities

The primary recommendation of the guidelines is that businesses engage with relevant Māori communities when developing trade marks that include Māori elements.  This engagement is not only a way to ensure that the trade marks are culturally appropriate but also a demonstration of the business’s commitment to upholding the principles of Te Tiriti o Waitangi.  Engaging with Māori communities can involve consulting with iwi or hapū, discussing with Māori artists or engaging cultural experts. The type of activity and who to consult depends on the specific cultural elements involved in the trade mark.  These consultations can provide valuable insights and help build trust and positive relationships with Māori communities.  By obtaining the support or endorsement of Māori communities for the use of certain cultural elements, an applicant can strengthen its trade mark application and reduce the risk of objections by the Māori Advisory Committee during the registration process.

Navigating the Guidelines

Before applying for a trade mark, businesses should conduct a comprehensive cultural audit of the Māori elements they intend to use.  This will involve evaluating the cultural significance of the elements and ensuring that their use aligns with Māori values and traditions.  Seeking advice from experts in Māori culture or intellectual property law is crucial and is emphasised repeatedly throughout the guidance.  Early and meaningful engagement with Māori communities can help identify potential cultural concerns and build a foundation of mutual respect and understanding.  This engagement should be approached with sincerity and a willingness to listen to the perspectives of Māori community members.

Final Thoughts

The updated guidelines on trade marks containing Māori elements represent a next step in recognising and respecting Māori culture within Aotearoa, and more specifically within the realm of intellectual property which can extend globally.  By adhering to these guidelines and engaging in respectful consultation with Māori communities, businesses can ensure that their trade mark applications are both legally compliant and culturally appropriate.  These guidelines not only seek to help protect the cultural heritage of Māori but also offer businesses an opportunity to contribute positively to the broader recognition and preservation of Māori culture.

For more detailed information, the official guidance on the updated guidelines can be found on the Ministry of Business and Innovation and Employment website together with the Intellectual Property Office NZ guidelines.  

If you need assistance with navigating these new guidelines, our Commercial and Kahurangi Teams are well-equipped to assist you to ensure your trade mark application is both compliant and culturally appropriate.

Ezrom Waka is a Solicitor in our Commercial Team and can be contacted on 07 959 2313.