Protect yourself with patents and trade marks

accelerateonline • January 5, 2020

If you’ve got a new invention, are launching a brand or marketing a new stream of business, it’s important to consider whether you need a patent or trade mark. Both take at least six months to process in New Zealand, so the sooner you do your homework, the better.

  • A patent is granted for an invention. It can be a new product or process, the material it is made from, or how something is made.
  • A trade mark protects your name, logo or brand. It can be a word, phrase, number, symbol, logo, colour, label, shape, or even a sound or smell, provided the mark can be represented graphically.

What are the benefits of a patent?

  • It gives you a legal right to stop others from making, using, or selling something you have invented.
  • Your invention is protected in New Zealand for up to 20 years.

** Applying for a patent? Be careful about revealing details of your invention to other people before you have filed your application: doing this may cause your application to be declined.

What are the benefits of a trade mark?

  • Trade mark registration is the easiest and most effective way to stop others from using your trade mark (or one similar to it).
  • Details of trade mark registrations are publicly available on a searchable database so competitors considering adopting a mark like yours will be put off.
  • You have the exclusive right to use the trade mark throughout New Zealand to promote the goods and/or services it covers for up to 10 years.
  • You can use the ® symbol with the trade mark.
  • You can sell or assign the trade mark to another person or business, or license its use to other parties.
  • It enhances the value of your business, ie: if you plan on selling your business, buyers will be interested in your IP assets.

** Before you do anything, check to see if a trade mark or logo like yours is already on the NZ Register , at www.iponz.govt.nz.
** If you need protection in other countries as well as New Zealand, talk to an IP lawyer. They do extensive searches of brand names across all relevant categories, advise on similar companies and can tell you whether your application is likely to be accepted.

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Accelerate December 2025 As 2025 draws to a close, we’d like to thank you for your continued support this year. Our team is taking a well-earned break from Friday 19th December and will return to the office on Monday 12th January 2026. But before you switch on the out-of-office, take a moment to get your business ready for the holiday season. In this issue, we’ve included tips to help you manage the summer cash flow crunch, a guide on what you can (and can’t) claim back for festive spending, advice for compliant Christmas promotions, and a timely reminder to look after your team’s mental health as the year wraps up. Wishing you a safe, sunny, and successful holiday season! How to survive the Christmas cash flow crunch While retailers race through their busiest time of year, not every business benefits from the Christmas rush. Many service-based, wholesale, or manufacturing businesses might even face a sharp decline in orders just when holiday pay, bonuses, and annual shutdowns see expenses rise. 1. Forecast to February Projecting your income and expenses well into the new year helps you spot potential shortfalls and take action before they become problems. 2. Invoice early, follow up now Send invoices before your shutdown period and chase outstanding debts while clients are still around. 3. Prioritise essential spending Identify what expenses are necessary and what can wait until revenue picks back up. 4. Prepare for January’s tax obligations The 15 January due dates for PAYE, GST, and provisional tax can feel like a Grinchy surprise. Set aside funds now to avoid starting the new year under pressure. Worried about the summer squeeze If this season feels tight, get in touch.  Our financial advisors can help you plan ahead, manage your cash flow, and explore IRD instalment options to lighten the load. Tis the season for giving... but what can you claim back Gifts, bonuses, parties, and more: here’s a brief breakdown of what you can and can’t claim this festive season. Employee gifts Gifts that are not subject to the entertainment tax rules (vouchers, hampers, flowers) are fully deductible and exempt from Fringe Benefit Tax (FBT) if they cost less than $300 per employee per quarter, and the total for all staff stays below $22,500 a year. However, gifts that do fall under the entertainment tax rules, like food hampers or wine, or taking your team to a show or event, are 50% deductible, and not liable for FBT. Cash bonuses Bonuses are classed as income, so PAYE and other payroll taxes apply. These “lump sum” payments are taxed at a flat rate based on your employee’s income bracket. Client gifts Food, drink, or entertainment gifts are 50% deductible. Other gifts (flowers, movie tickets, a book) are 100% deductible Workplace events Christmas parties, client dinners, or team drinks are 50% deductible, while morning teas, office lunches, and charitable donations are fully deductible.
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