Use of Māori Words and Images in Trademarks
The use of Māori words, images and patterns is a popular way to convey a distinctive and authentic Aoteaora-New Zealand identity and origin.
For example
In New Zealand, almost any trademark application which includes Māori words or images will first be sent to the Māori Advisory Committee for their consideration, before continuing through the trademark application process. This is to ensure that any registered trademarks containing Māori words or imagery are unlikely to be considered offensive.
If your trademark application contains Māori or Māori inspired elements, your application will be sent to IPONZ’s Māori Advisory Committee for their consideration. The committee consists of five members who assess the application and determine whether the trademark is
not offensive to Māori;
not likely to be offensive to Māori;
likely to be offensive to Māori; or
offensive to Māori.
Going through the Māori Advisory Committee process can delay progress of your trademark application for a few weeks.
Once the committee has provided its advice on the trademark, the IPONZ trademark examiner will complete examination of the trademark application and issue a compliance report (if there are objections). If there are no objections, IPONZ will issue a notice of acceptance and the trademark registration process will continue as normal. Because Māori attribute spiritual and cultural significance to certain words, images and locations, it is necessary for trademarks to be checked to avoid causing offence.
The Māori concept of “tapu” refers to things that are sacred or hold spiritual restrictions or prohibitions. There are cultural rules that state that a person, object or place, which is tapu, may not be touched or come into human contact. In some cases, they may not even be approached.In contrast, other things are referred to as “noa”, which is the opposite of “tapu” - noa removes the spiritual restrictions from the person or object.
When concepts which are tapu are used in relation to goods that are considered to be noa, this could potentially cause offense.
For example, if a sacred image of a carving or a Māori chief, which are both considered to be tapu, were to be used as the trademark device for a product which is noa, it would most likely be culturally offensive.
If you plan to use any Māori words or images in your trademark, you should first consider the cultural implications of your proposed mark. It may be that your trademark simply contains a geographical place name that is unlikely to cause any offence. But if you’re not sure, it pays to do some research and consult with Māori who have knowledge of Māori language and symbolic imagery. This may help you to develop an appropriate brand and avoid objections at a later stage in the trademark application process.