Intellectual Property and Branding

Wynn Williams’ experienced intellectual property (IP) and branding team is dedicated to helping New Zealand businesses and individuals unlock the full value of their original ideas by transforming creativity and innovation into valuable commercial assets. We work with start-ups, growing enterprises, and established organisations to identify, protect, and leverage their unique creations, both in New Zealand and internationally.

In an increasingly competitive market, IP is often one of a business’s most valuable assets. IP encompasses a broad spectrum of intangible assets that arise from original concepts, such as brands, logos, creative works, trade secrets, and innovative business processes. When properly identified and protected, these assets are often among the most valuable resources a business owns, underpinning its reputation, strengthening its competitive position, and supporting long term growth. Whether a business is just starting out or well established, recognising the significance of your IP, and taking proactive steps to safeguard it, can make a critical difference to its future.

We are recognised for providing clear, commercially sensible advice on a wide spectrum of IP matters, from day-to-day trade mark and copyright issues to complex portfolio management, enforcement and disputes.

How we can help

Our team regularly assists clients in the following areas:

Trade Mark Registration: We assist with all aspects of trade mark registration from preparing specifications and filing the trade marks to, renewals and ongoing trade mark portfolio management.
Trade Mark/Brand Audits: We help clients identify, catalogue and assess their trade marks/brands to ensure comprehensive protection and alignment with business objections.
Freedom to Operate Reports: We regularly assist with freedom to operate reports to confirm availability of a new trade mark/brand in the market.
International Protection: For clients with global ambitions, we can coordinate protection of your trade marks/brands across multiple jurisdictions, via the Madrid System, to ensure your trade marks/brands are protected wherever you plan to operate.
Infringement Monitoring: We provide ongoing monitoring services to detect potential infringements and unauthorised uses of your trade marks/brands.
Unregistered Trade Marks/Brands: We assist clients in protecting their unregistered trade marks/brands by pursuing actions for passing off and misleading and/or deceptive conduct under the Fair Trading Act.
Copyright: We help safeguard your original creative works by advising on copyright ownership, protection, infringement and enforcement.
Drafting and Reviewing IP Agreements: We regularly advise clients on a range of IP related agreements, such as licence, brand collaboration, distribution, franchise, assignment, confidentiality and trade secret agreements.
Regulatory and Compliance Advice: We advise on compliance with advertising, labelling, and consumer protection laws as they relate to IP.
Litigation: We represent clients in opposition, cancellation, and invalidation proceedings before the Intellectual Property Office of New Zealand, as well as in court actions in the High Court.
Alternative Dispute Resolution: We assist with negotiation, and other alternative dispute resolution methods to resolve IP disputes efficiently and cost effectively.

Projects

Preparing comprehensive filing strategies for businesses with complex portfolios, balancing coverage and strategic brand objectives.
Conducting freedom to operate searches and providing risk assessments for clients rebranding, or launching new brands, product names, and marketing campaigns.
Assisting clients in responding to IPONZ objections during the trade mark registration process by drafting persuasive legal submissions to address examiner concerns and secure registration.
Drafting and advising on IP aspects of commercial contracts, including franchise, distribution, services, licensing, and co-branding agreements, ensuring ownership, usage rights, and enforcement mechanisms are clearly defined to minimise risk and protect brand value.
Managing entire trade mark portfolios on behalf of clients across several sectors, including food and beverage, hospitality, fuel, healthcare and pharmaceuticals, and fashion and apparel.
Supporting clients in protecting and enforcing their IP rights, including sending enforcement letters, and taking action against unauthorised use or infringement.
Drafting and negotiating assignment agreements for the transfer of trade marks and brand assets as part of corporate restructuring and asset sales.
Advising clients on IP due diligence during business acquisitions, including reviewing IP assets and related commercial arrangements to assess ownership, strength, and potential risks.
Assisting franchisors in identifying, protecting, and managing their IP assets, including trade marks, branding, and proprietary materials, and ensuring that these assets are properly safeguarded within franchise agreements and operational frameworks.
Supporting clients with preparing responses to IP infringement allegations, including evaluating allegations, preparing formal responses and advising on risk and settlement options.