As a company that licenses businesses to sell New Zealand made, grown, and coded products, we understand the importance of protecting our trademark. This page provides information on how to use our trademark correctly, the benefits of using our trademark, and the consequences of unauthorised use.
TRADEMARK USE
Eligibility
1. Is Your Business Eligible?
Manufacturers applying must be based in New Zealand
Service businesses must be delivering the service in New Zealand
Retail stores applying must sell New Zealand Made licensed products
Companies who outsource production must use a New Zealand based manufacturer
Each product to be labelled with the Kiwi trademark must qualify under the Fair Trading Act for Country of Origin labelling (see our guides below)
2. Is Your Product Eligible?
Check if your products qualify for the Kiwi trademark.
Products made in New Zealand where key materials or components have been through a significant manufacturing process in another country and form the essential character of your product are unlikely to qualify.
Products imported with key ingredients or components by volume or importance that form the essential character of the final item are also unlikely to qualify.
3. What Is Your Licence Category?
Most businesses fit into one of our Business Class categories, unless they're a retailer, charity or school group
Sustainable Development Goals
Businesses that apply must provide Buy NZ Made with a statement outlining how they are meeting at least one of the 17 Sustainable Development Goals.
Examples of this would be paying staff a living wage, giving to charity, using solar panels, recycling waste or using recycled packaging. If you're not sure what your business is doing, please send us an email and we run through ways you can have an impact.
Plans and pricing
Licences Fees below are exclusive of GST and are automatically renewed each year.
The current licence year is today through to June 30th 2024.
Your licence will automatically renew on July 1st 2024. You may cancel your licence in writing here.
You will receive a Certificate of Licence to display for the current licence year.
Licence Rules
This Code of Practice incorporates the official rules and conditions governing the certification and use of the trademarks.
The rules and conditions have been developed in accordance with the requirements of the Trade Marks Act 2002 and associated statutory obligations. This Code of Practice applies to all licence holders of Buy NZ Made. The Code places a series of obligations on licensees, including a compliance test that goods and services must meet for licensees to be eligible to use the trademarks; record-keeping obligations; and a complaint and dispute resolution process that all licensees must abide by.
It is a condition of the licence and therefore of the use of the trademarks, that applicants agree to be bound by all of the rules and conditions contained in this Code of Practice.
Trademark
Purpose of certification registration
Business New Zealand Inc. has registered the following trademark as certification trademarks with the Intellectual Property Office of New Zealand (IPONZ) so as to ensure all persons, businesses and organisations that qualify are free to use the Kiwi trademark in the promotion of their products and services in accordance with the terms of the licence contained in these rules:
Owner of certified trademarks and approved certifier
Business New Zealand Inc. (Business NZ), a not-for-profit organisation, is the owner of the trademarks above, including when used in the following forms (the Kiwi trademark):
Business NZ is the national voice of its members - the four regional employer organisations EMA, Business Central, the Canterbury Employers Chamber of Commerce and the Otago Southland Employers Association. Business NZ is committed to New Zealand’s success by promoting sustainable growth through free enterprise. Business NZ owns The Buy NZ Made Campaign Limited (Buy NZ) to which it has delegated the task of administering a scheme for the identification of New Zealand Made goods and services for which the Kiwi trademark is used. Buy NZ is the only entity who may certify use of the Kiwi trademark (or any marks featuring the Kiwi design present in the Kiwi trademark) for goods and services.
Licence to use the Kiwi trademark
Buy NZ operates the Buy NZ Made Campaign and administers the use of the Kiwi trademark. Any individual, business or organisation can apply to Buy NZ for a licence to use the Kiwi trademark by completing and lodging an application for a licence. Buy NZ will process all applications and approve licences on the terms and conditions contained in these rules. Licensees are authorised to use the trademarks in accordance with these rules.
Approval of application for a licence or renewal
Buy NZ Made will approve an application for membership or renewal where the applicant can satisfy it that they have:
i) paid the necessary fees;
ii) provided a list of goods or services that qualify under these rules for promotion using the Trade Mark and for which they will use the Trade Mark ;
iii) signed the declaration included in the application form confirming that they have received and will comply with these rules.
iv) agreed never to directly or indirectly challenge, contest or call into question the validity of the Trade Mark or the ownership of the Trade Mark;
v) agreed to indemnify and hold Buy NZ Made and Business NZ harmless from any claims arising out of their use of the Trade Mark; and
vi) agreed to comply with any request from Buy NZ Made for evidence that the Trade Mark are being used in accordance with these rules.
Licence types and fees
There are five types of licence options with the following price levels:
Manufacturer, product or service industry licence fees
This licence applies to those who manufacture products for themselves or others, those who produce their own products (including where they use third party manufacturers), and those who offer services other than pure retail services.
There is a one-off registration fee for this licence of $95.00 + GST.
Annual fees for this licence are based on the number of staff employed by the organisation applying for the licence, including all staff employed by subsidiaries of the licensee.
Fees are set out in the table below. For full details of fees please refer to the fee schedule on the Buy NZ website, www.buynz.org.nz.
Manufacturer, product or service industry licence fees
Number of staff | Annual fee
1-5 staff - $275.00 + GST
6-10 staff - $350.00 + GST
11-30 staff - $450.00 + GST
31-60 staff - $550.00 + GST
61-100 staff - $950.00 + GST
100-250 staff - $1,850.00 + GST
251-400 staff - $2,850.00 + GST
400+ staff - $5,000.00 + GST
Associated business licence fees
This licence applies to companies which are a subsidiary of a licensee of the Kiwi trademark but which also wishes to use the Kiwi trademark on product it manufactures (including where they use third party manufacturers).
There is a one off registration fee for such associated businesses. The licence cost for an associated business is a once only licence fee of $95.00 + GST.
An associated business retains a licence for the duration that the parent licensee retains a licence.
Associated business receives their own certificate and must comply with these rules.
Retail licence fees
This licence applies to retailers who wish to use the Kiwi trademark to promote their retail business which sells licensed products. It does not authorise use of the Kiwi trademark on product itself.
The minimum retail licence fee payable is $50.00 + GST annual fee which can include up to 5 stores in a chain. A further $50.00 + GST annual fee is payable for each additional 5 stores, i.e. 1-5 stores = $ 50.00 + GST annual fee, 6-10 stores = $ 100.00 + GST annual fee.
Charity and education provider licence fees
At Buy NZ’s sole discretion, charities and education providers (such as colleges and schools) can obtain a free licence to use the Kiwi trademark for a renewable period of 15 months.
Charities and education providers must seek renewal of a licence.
Certificate of licence
Buy NZ’s approval of an application for a licence will be evidenced by issuing a certificate of licence in print or digital format that is valid for the period specified on the certificate. The certificate of licence remains the property of Buy NZ and must be returned promptly to it on request or on termination of the licence.
Buy NZ may charge a $65.00 + GST fee to reprint of a certificate of licence.
Amendments to details on licensee register
All licensees shall notify Buy NZ within 14 days of any change to the details relating to that licence contained on the licensee register
Invoicing and payment
Buy NZ shall invoice licensees each year in respect of their licence or renewal thereof. Payment is due no later than the due date specified in the invoice.
If payment of any invoice is not received by Buy NZ as cleared funds by the due date specified in the invoice:
Buy NZ has the right to charge penalty interest for late payment at the rate of 15% per annum accruing on a daily basis from the time on which payment is due until the actual date of payment, and such charge shall be without prejudice to any other rights or remedies of Buy NZ under these rules or for non-payment of monies due; and
all costs incurred by Buy NZ in the recovery and attempted recovery of the overdue amount and any late payment penalties will be added to the balance due, including but not limited to debt recovery charges and legal fees.
Use of Kiwi trademark
Use of the Kiwi trademark by licensees
Licensees can only use the Trade Mark:
i) in relation to goods and services on their product list,
ii) in relation to goods and services made or produced in New Zealand,
iii) in accordance with any statutory requirements,
iv) in a way that does not mislead the public as to the goods or services for which use of the Trade Marks is authorised,
v) in combination with other elements that do not detract from the effectiveness of the Trade Marks,
vi) in a context that does not imply quality assurance,
vii) in a way that will not effect the validity of the Trade Marks,
viii) with “CertTM” or “Certification TM” in close proximity to the Trade Marks, and
ix) on labels, displays, outer and advertising in accordance with these rules and in such other manner as may from time to time be directed or approved by Buy NZ Made.
ix) in relation to goods and services and in a manner that does not damage the reputation of the Kiwi trademark or the Campaign.
For the purposes of interpreting the term “made or produced in New Zealand” it is understood that a product is made or produced in New Zealand if its parts are transformed so that the essential characteristics of the product come into being in New Zealand. By way of example:
Orange juice made from imported concentrate which has water added and is bottled in New Zealand, is not made in New Zealand. This is because it is the imported concentrate which gives the juice its essential characteristics, not the water or the bottling.
Clothing made from imported fabric which is cut and sewn in New Zealand is made in New Zealand. It is the cutting and sewing of the fabric which gives the clothing its essential characteristic, not the fabric.
Application to include a new good or service on the product list
Licensees may apply to Buy NZ to include a new good or service on their product list. The application will be approved where the applicant can satisfy Buy NZ that they have signed a declaration confirming use of the Kiwi trademark for those goods or services will comply with these rules
Application to remove a good or service from the product list
Licensees may apply to Buy NZ to remove goods or services from their product list.
Alteration of design of the Trade Marks not permitted
Licensees are not permitted to alter or amend the Kiwi trademarks in any way other than with the written approval of the Campaign.
Kiwi trademark may be sized to meet member requirements
Licensees may alter the size, but not the relative proportions, of the Kiwi trademarks to meet their individual requirements
Use of colour to meet member requirements
Licensees may use any colour or colour combination in relation to the elements of the Kiwi trademark to meet their individual requirements
Complaints
Complaints received by Buy NZ about use of the Kiwi trademark by a licensee
Buy NZ Made shall follow the following procedures in relation to complaints where the complaint involves use of the Trade Mark by a member:
i) Buy NZ Made will send the member a notice advising of the complaint and asking for the member’s response within 14 days.
ii) The member will respond to Buy NZ Made within 14 days, attaching evidence to support its compliance with these rules.
iii) Buy NZ Made will evaluate the member’s response to determine whether the complaint is valid or insufficiently addressed by the member.
iv) Buy NZ Made may require the member to undergo a compliance audit, conducted in accordance with these rules.
v) Should the complaint be valid or the compliance audit find the member is not complying with these rules, Buy NZ Made may impose the sanctions detailed in these rules against the member.
Complaints received by Buy NZ about the use of the Kiwi trademark by unlicenced businesses/individuals
Buy NZ Made shall follow the following procedures in relation to complaints where the complaint involves use of the Trade Mark by a non-member
i) Buy NZ Made will write to the non-member setting out the circumstances under which the Trade Mark may legally be used, and asking the non-member to rectify the situation.
ii) if the complaint is not resolved within one month of the initial complaint being received, Buy NZ Made may have recourse to other action, including legal action and referral of the complaint to the appropriate authorities
Complaints received by licensees
Where a licensee receives a complaint about its use of the Trade Marks, it will respond to the complainant in writing within 14 days of receiving the complaint. The licensee will take all reasonable steps, in good faith, to resolve the complaint directly with the complainant.
i) A copy of the complaint and response must be provided to Buy NZ Made at the same time as the member responds to the complainant.
ii) In its response to the complainant, the member will explain the basis, if any, upon which the claim in question is justified and/or what corrective action has been taken to remedy the complaint, if any.
Compliance
Licensee register
Buy NZ will maintain on its website at www.buynz.org.nz a register of the following details relating to each licensee:
i)registered business name or personal name of licensee (as applicable);
ii) trading name;
iii) street address;
iv) postal address;
v) business telephone number;
vi) web site details;
vii) nominated contact officer and title of that officer;
viii) nominated persons email address; and
x) Product list – being a listing of all goods and services identified on each member’s application for membership, as amended from time to time in accordance with these rules that may be promoted in association with the Trade Marks.
The product list will be publically shown separately from the licensee or individu
Compliance audit
Buy NZ shall conduct an annual compliance audit of a sample of licensees selected at random from the licensee register and may from time to time conduct such other audits as it sees fit to ensure compliance with these rules.
Request for evidence from applicants and licensees
Buy NZ may as part of any compliance audit, or otherwise at any time, request evidence from a licensee or applicant for a licence that its use of the Kiwi trademark complies or will comply with these rules. Within a time period set by Buy NZ the licensee or applicant must prove, to the satisfaction of Buy NZ, its use or proposed use of the Kiwi trademarks will or does comply with these rules. In the absence of such evidence from the licensee or applicant Buy NZ may cancel the licensee’s licence to use the Kiwi trademark or refuse to grant an applicant a license to use the Kiwi trademark.
brand guidelines
A strong brand comes from maintaining a consistent brand style across all 1,400+ businesses and the products and services they offer.
These guidelines are intended to help businesses who are licensed to apply the Kiwi trademark, maintain a consistent brand style and a coherent visual language when using the brand.
It is usually deployed in four places.
1. Your website product pages next to your New Zealand Made products.
2. Your home page footer linking through to your buynz.org.nz/businessname Custom URL that displays all your licensed products.
3. Your physical products using labelling such as stickers (10mm, 25mm, 40mm and 60mm) supplied by us. Purchase Labels
4. Your physical product packaging using the digital artwork supplied by us. Get Artwork
Kiwi Trademark Quick Start Guide for Marketers
Sometimes its easier to see what everyone else is doing. View the Kiwi Trademark Quick Start Guide for Marketers which includes six different ways of leveraging the Kiwi trademark for your business:
Factual Product Branding (recommended)
Product Certification Branding (optional)
Embedded Product Branding (optional)
Watermark Branding (recommended)
Signage Branding (recommended)
Team Branding (optional)
