Trademark Complaints

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 member, please fill in our complaint form which can be downloaded by clicking here

The procedures that the campaign and our members need to adhere to for all complaints made on the complaint form are as follows:

 

Complaints received by Buy NZ Made about use of the Trade Mark by a member

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Buy NZ Made shall follow the following procedures in relation to complaints where the complaint involves use of the Trademark by a member:

 

i)

Buy NZ Made will send the member a notice advising of the complaint and asking for the members 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 members 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 Made about the use of the Trademark by non-members

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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 members

Complaints received by members

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Where a member 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 member 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.

 

To file a complaint, please download the complaint form by clicking here