Māori Signs and the Māori Trade Marks Advisory Committee: Cultural Review Under Section 17(1)(c)

1. A feature unique to New Zealand

New Zealand is the only major trademark jurisdiction with a statutory cultural review built into examination. Under Section 17(1)(c) of the Trade Marks Act 2002, the Commissioner must not register a trade mark if its use or registration would be likely to offend a significant section of the community, including Māori.

To apply this ground consistently, the Act establishes the Māori Trade Marks Advisory Committee (Sections 177–180), a standing expert body that advises the Commissioner on marks containing Māori elements. Any applicant whose mark contains — or appears to contain — Māori text or imagery should expect this review as a normal part of examination.

2. Why this ground exists

Māori culture includes taonga (treasured things) — words, names, symbols, and designs that carry deep spiritual and cultural significance. Commercial appropriation of these elements, particularly in inappropriate contexts, can cause real offence and harm.

The offensiveness ground reflects New Zealand's obligations under the Treaty of Waitangi / Te Tiriti o Waitangi framework and a broader policy of protecting mātauranga Māori (Māori knowledge) within the intellectual property system. It is not a prohibition on using Māori elements in branding — many marks containing te reo Māori are registered every year — but a check that the use is culturally appropriate.

3. What triggers referral to the Committee?

During examination, IPONZ refers to the Committee any application for a mark that is, or appears to be, derivative of a Māori sign, including:

• Te reo Māori words and names (including place names and personal names),
• Māori imagery and design elements — such as koru (spiral motifs), tā moko (traditional tattoo designs), tiki, wharenui (meeting house) imagery, and other customary patterns, and
• Stylized or modified versions of the above — a sign "appearing to be derivative" of a Māori sign is enough to trigger referral.

Applicants are asked at filing whether their mark contains Māori elements, but IPONZ screens all applications regardless of the applicant's answer. Foreign applicants are sometimes surprised to learn that an invented-looking word is in fact a te reo Māori word with specific meaning.

4. The Committee's function and composition

The Committee's statutory function (Section 178) is to advise the Commissioner whether the proposed use or registration of a mark that is, or appears to be, derivative of a Māori sign — including text and imagery — is, or is likely to be, offensive to Māori.

Members are appointed by the Commissioner and must have knowledge of te ao Māori (the Māori worldview) and tikanga Māori (Māori protocol and culture). The Committee's advice is advisory rather than binding, but in practice the Commissioner gives it substantial weight.

5. What makes a mark "offensive to Māori"?

Most marks containing Māori elements are not found offensive. Offence typically arises from the combination of the element and the goods or services. Factors that raise the risk include:

• Use of sacred or highly significant signs (e.g., ancestral names, tā moko, imagery associated with wāhi tapu — sacred places),
• Association with culturally inappropriate goods — alcohol, tobacco, gambling, or genetically modified products are classic high-risk pairings for significant Māori signs,
• Use that trivializes, distorts, or misappropriates the meaning of the sign, and
• Use by parties with no connection to the iwi (tribe) or hapū (sub-tribe) with which the sign is associated, in contexts where such a connection matters.

6. Possible outcomes of the review

• No concerns: the Committee advises that the mark is not likely to be offensive, and examination continues normally. This is the most common outcome.
• Concerns raised: the Commissioner may raise an objection under Section 17(1)(c). The applicant can respond with submissions, evidence of consultation with the relevant iwi or hapū, amendments to the mark, or restrictions to the specification.
• Refusal: where the offence cannot be addressed, the application is refused. Because s17 is an absolute ground, offensiveness cannot be cured by evidence of use or acquired distinctiveness.

A registered mark can also be declared invalid later on this ground, so clearing the cultural review at examination does not entirely extinguish the risk if genuine offence emerges.

7. Best practices when your brand contains Māori elements

• Check for Māori meanings before filing — screen your mark against te reo Māori dictionaries and place names, even if the word looks invented. This is equally important for coined brand names created by foreign applicants.
• Understand the meaning and significance of any Māori element you use — who is associated with it, what it represents, and whether it has sacred connotations.
• Consult early — where a sign has specific significance to an iwi or hapū, engagement (and where appropriate, support) from that group is both respectful and persuasive evidence.
• Match the element to appropriate goods — avoid pairing Māori signs with alcohol, tobacco, gambling, and similar categories.
• Be authentic — marks that engage genuinely with Māori culture, particularly from businesses with real Māori connections, fare far better than superficial borrowing.
• Budget for the referral step — Committee review is routine and usually adds little time, but contested objections can extend prosecution.

8. Beyond trademarks: the wider context

The Committee is one part of New Zealand's broader response to the protection of Māori intellectual and cultural property, shaped by the Wai 262 Waitangi Tribunal inquiry into indigenous flora, fauna, and cultural intellectual property. Businesses building long-term brands in New Zealand should treat cultural due diligence as a standing element of brand strategy, not a one-time filing formality — public expectations in this area continue to strengthen.

9. Summary: Māori signs and Section 17(1)(c)

Key takeaways:

• New Zealand law requires refusal of marks likely to offend a significant section of the community, including Māori.
• All marks containing (or appearing to contain) Māori text or imagery are referred to the Māori Trade Marks Advisory Committee — a routine step, not a presumption of refusal.
• Offence usually turns on the combination of sign and goods — sacred signs paired with alcohol, tobacco, or gambling are the highest-risk cases.
• Offensiveness is an absolute ground that cannot be overcome by evidence of use — prevention through screening and consultation is the only reliable strategy.
• Respectful, informed use of Māori elements is entirely compatible with registration — many such marks are registered every year.

For applicants, the message is simple: know what your mark means in te reo Māori, understand its cultural weight, and engage early where significance exists.