Can I trade mark a name that is similar to an existing brand?

Under the Trade Marks Act 2002, a mark cannot be registered if it is identical or similar to an earlier registered mark for the same or similar goods or services, if it is likely to deceive or confuse. The assessment considers the similarity of the marks visually, aurally and conceptually, the relatedness of the goods or services and the overall impression on an average consumer. Well-known marks receive broader protection, and a mark can be refused where it would take unfair advantage of, or damage, a well-known mark, even if goods differ. Search the register and consider getting an opinion from a trade mark attorney before you invest in branding. If your application is accepted, the owner of an earlier mark can still oppose it during the opposition period, which can be expensive.