Names that cannot be reserved
- 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 are amended from time to time as words and names are added or deleted.
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 making an application to reserve a name, it is recommended that you search the trade marks register to ensure that the use of the company name will not infringe a registered or pending trade mark.
Conduct a search at the Intellectual Property Office of New Zealand (IPONZ) website.
It is also recommended that you conduct an internet search on your proposed company name as well as searches of the companies register and directories (for example telephone, trade as this will help to ensure that your proposed company name is not already in use by an existing business.
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' has the ordinary meaning of the same in every respect.
'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 name reservation will be considered in light of its own individual circumstances.
In general, a:
- year marker - for example, '(2010)'
- number - for example, 'No. 1' or
- geographic marker - for example, '(Nelson)'
is sufficient to distinguish one name
from another. For the purposes of determining whether two names are almost identical, names containing a marker will not be almost identical to those without.
For example, 'Clothing Company Limited' and 'Clothing Company (2010) 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.
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.
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 at the Registrar's discretion. In exercising that discretion, the Registrar may determine that a name is offensive if it is:
- of obscene nature or
- contrary to public policy or
- likely to offend any particular section of the community or any particular religion.
