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Names that cannot be reserved

— filed under: IPONZ

Contravene another act
Identical or almost identical
Improper use of symbols and numbers
The use of plurals
Offensive words

Contravene another act

There are a number of words or phrases that cannot be included in company names because they are protected by other legislation. For example, company names which include words or phrases protected by the Flags, Emblems and Name Protection Act 1981 or by any other enactment will not be approved. These include names having royal, national, international, commercial or other significance. The schedules to the Flags, Emblems and Name Protection Act 1981 are amended from time to time as words and names are added or deleted.

View some examples of names that contravene another act

The Registrar does not consider whether a name could breach any other enactments (for example, the Fair Trading Act 1986 or the Trade Marks Act 2002). Before forwarding your application to the Companies Office, you should consider the possibility of the name infringing a registered or pending trade mark. A trade mark search is recommended. Conduct a search at the Intellectual Property Office of New Zealand (IPONZ) website.

The Fair Trading Act contains a general prohibition against misleading and deceptive conduct. This could include carrying on business under a name that is misleading or deceptive. The Court, not the Registrar, determines the question of whether a name is misleading or deceptive.

Identical or almost identical

Certain words and phrases can be disregarded when determining whether names are identical or almost identical. The words and phrases are:

The definite article ("the") when it is the first word in a name.

The following words appearing at the end of a name:

'Limited'
'Tapui (Limited)'
'Unlimited'

The following abbreviations whenever they appear in a name:

'&' for "'and'
'no' for 'number'
'co' or 'coy' for 'company'
'N.Z.' or 'NZ' for 'New Zealand'
'Bros' for 'Brothers'

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The typeface and case (upper or lower) of letters, accents, spaces between letters and punctuation marks.

'Identical' can therefore have the ordinary meaning of the same in every respect or it can mean a name in which the number and order of key words is the same as those in another name.

'Almost identical' is more difficult to define but the Registrar's policy is that it means a name in which the key words and/or the order in which they appear make that name virtually indistinguishable from another. Each case will be considered in light of its own individual circumstances.

In general, a year marker (e.g. '(1995)') is sufficient to distinguish one name from another. For the purposes of determining whether two names are almost identical, a year marker is no different from any other word that distinguishes the names. For example, 'Clothing Company Limited' and 'Clothing Company (1995) Limited' are not almost identical.

Improper use of symbols and numbers

Generally the only symbols that may be used in a company name are those that are used in the proper context – for example, The $2 Shop Limited. While names such as $am’$ Di$count$ Limited or Str@tegy Projects Limited are not able to be reserved.

Numbers that are used in a name are likely to be accepted where they act as a year marker or a numerical marker. For example, XYZ No. 1 Limited and XYZ No. 2 Limited or XYZ (2202) Limited and XYZ (2009) Limited. However where the number forms or replaces an alphabetical character within a word of the name that name may not be able to be reserved. For example, Pl8s R Us Limited.

The use of plurals

Plurals, that is adding the letter 's' to the end of a word, is not enough to make a name significantly different.

Offensive words

The question of whether a name is offensive is entirely within the Registrar's discretion. In exercising that discretion, the Registrar may determine that a name is offensive if it is: