Is it legal to use an image made by artificial intelligence in my business?
- 04.07.2026
I am about to launch a small brand with a distinctive name and logo, and I want to make sure no one else can use it. A friend said I should register a trade mark, but I do not know how it works or whether registration is compulsory.
Registration is not compulsory, but it gives much stronger protection. Under the Trade Marks Act 2002, you can apply to the Intellectual Property Office of New Zealand to register a name, logo or other sign that distinguishes your goods or services. If registered, you obtain exclusive rights to use the mark for the goods and services in the classes you registered, and you can sue for infringement. Registration lasts ten years and is renewable. Before applying, search the register for similar marks in the same classes, because a conflicting earlier mark can lead to objection or opposition. Without registration, you may still rely on passing off and the Fair Trading Act 1986, but you must prove your reputation, which can be harder and more expensive. A trade mark attorney can help choose classes.
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