Moa Flat business owners are warning others about registering their trademarks with the Intellectual Property Office of New Zealand (Iponz), after spending thousands on legal fees over a name dispute with New Zealand fashion designer Trelise Cooper.
Treliske organic farm and produce owners Robert and Jackie Aitchison registered the company's name with Iponz more than 15 years ago, and were dismayed when the organisation allowed Trelise Cooper to register Trelise as a single-word trademark in 2006.
The two companies recently settled a dispute over the trademarks, reaching an out-of-court agreement.
When contacted yesterday, Mrs Aitchison said her company had spent "many thousands of dollars" protecting its name.
Iponz played no part in the legal feud.
"It's up to the individual to take action even though Iponz collect registration and renewal fees and charge GST.
"We feel disappointed with Iponz because they did not provide the service we paid for," she said.
Treliske had paid thousands to Iponz in registration rights and ongoing costs since first being assigned the trademark in 1993, she said.
The company was registered in New Zealand and the United States, and registration was renewed every five years.
Using a patent attorney "every step of the way" was an added expense, Mrs Aitchison said.
"You register your trademark but there's no guarantee you'll get the protection you pay for. If small businesses are really pushed and are thinking about trademarking, think again, because you've got no guarantees," she said.
Iponz group manager Ross van der Schyff told the Otago Daily Times every opportunity was given to people to declare opposition to a proposed trademark before it became registered.
Once a trademark was registered, Iponz was not able to de-register the mark, he said.
"We provide a process designed to try and manage the interests of everyone. We can't intervene in what is essentially a commercial dispute because that's not what our role is," he said.
Mr Schyff said he could not comment on individual cases.
Despite the expenses, Mrs Aitchison said she was always confident Treliske would win the trademark dispute, and had been prepared to go to the High Court if necessary.
"I think she [Trelise Cooper] realised we had a very water-tight case that would have probably gone our way anyway, so she asked to have it settled.
"She assured us she would not use the single word Trelise on clothing, but limit it to perfume and interior design products, and in turn we assured her we would not use Treliske on perfume or interior design products.
"It was a simple agreement... No money changed hands and both companies paid for their own expenses. We achieved what we wanted, which was to retain our identity," she said.
Trelise Cooper chief executive officer Alex Brandon did not return calls yesterday.
Treliske means "a place of trees", and has special significance to Mr and Mrs Aitchison's company, which operates from a 1200ha organic farm near Roxburgh.
Mrs Aitchison said the farm had been called Treliske since 1946 by three generations of Aitchisons.
• Trelise Cooper reached an out-of-court settlement over the use of her name with fellow designer Tamsin Cooper in July 2007 after a 20-month legal battle.
