Report Trademark Breach
If you believe someone may be in breach of using the Buy NZ Made branding and trademark by using the trademark on what you believe is a non-NZ made product or if you believe a company is using the trademark who is not a licensee, please complete the complaint form.
The procedures that the campaign and our members need to adhere to for all complaints made on the complaint form as set out in our code of practice are as follows:
Complaints received by Buy NZ about use of the Kiwi trademark by a licensee
- Buy NZ shall follow the following procedures in relation to complaints where the complaint involves use of the Kiwi trademark by a licensee:
- Buy NZ will send the licensee a notice advising of the complaint and asking for the licensee’s response within 14 days;
- the licensee will respond to Buy NZ within 14 days, attaching evidence to support its compliance with these rules;
- Buy NZ will evaluate the licensee’s response to determine whether the complaint is valid or insufficiently addressed by the licensee;
- Buy NZ may require the licensee to undergo a compliance audit, conducted in accordance with these rules; and
- should the complaint be valid or the compliance audit find the licensee is not complying with these rules, or that it is unclear whether the licensee’s use complies with these rules, Buy NZ may impose the sanctions detailed in these rules against the licensee.
Complaints received by Buy NZ Made about the use of the Trademark by unlicensed business or individuals
-
Buy NZ shall follow the following procedures in relation to complaints where the complaint involves use of the Kiwi trademark by an unlicensed business or individual:
- Buy NZ will write to the unlicensed business or individual setting out the circumstances under which the Kiwi trademark may legally be used, and asking the unlicensed business or individual to rectify the situation; and
- if the complaint is not resolved within the time set by Buy NZ, Buy NZ may, at its sole discretion, 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 Kiwi trademarks, 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 and:
- a copy of the complaint and response must be provided to Buy NZ at the same time as the licensee responds to the complainant; and
- in its response to the complainant, the licensee 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.
Trademark Complaint Form