Lion Labs Limited has filed an application to trademark the name “KiwiMart” through the Intellectual Property Office of New Zealand (IPONZ) following the Green Party’s September 6 announcement of a publicly-owned supermarket chain, according to company director Cahn McKenzie. The proposed nationwide supermarket chain aims to create 120 stores to break up the supermarket duopoly and boost competition, but the timing of the trademark filings and existing intellectual property rules could complicate the case.
Trademark Filing Details and Company Background
The trademark application for KiwiMart was submitted following the Green Party policy announcement on September 6, with IPONZ recording the filing date as September 7. Lion Labs Limited currently runs businesses distributing snack foods and vapes, and company director Cahn McKenzie stated that they plan a broader grocery offering under the KiwiMart brand. According to Mackenzie, the company’s earliest documented internal discussions about using the name date back approximately 12 months, which predates the Green Party’s announcement. Mackenzie told 1News that the political announcement prompted them to apply to protect the name for their own planned convenience and grocery store business. Following the initial announcement, another company also filed to trademark the name on September 10.
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Legal Framework and Potential Challenges
Jane Glover, a barrister and trademark law specialist at legal firm Sangro Chambers, explained that trademarks involve registering words or logos in relation to specific international classes of goods or services. The Intellectual Property Office considers two main categories—distinctiveness and descriptiveness—to determine whether a name can be registered. Glover noted that KiwiMart would likely be registrable in a logo form, while word mark registration might also be accepted by the office. In New Zealand, trademark rights do not rely solely on who files first, as the country follows a “first to use” system of proprietorship and ownership. Glover stated that preparatory use, such as making preparations to use a trademark without yet selling goods or services, can be enough to establish ownership rights if someone else files.
The Green Party Position and Potential Opposition
A Green Party spokesperson stated that they are pleased the idea of KiwiMart and lowering food prices is generating keen interest, noting that no trademark currently exists on the name. The spokesperson added that the September 7 application was made by an e-liquid company, and mentioned that two registered entities called KiwiMart already exist in Auckland and Dunedin without holding trademarks on the name. Glover explained that the Green Party could not simply trademark an idea and that applicants must intend to use the trademark themselves. However, Glover suggested that someone from the Green Party would have standing to oppose the application and could make a “bad faith” argument, comparing it to cybersquatting in domain name disputes where a company registers a name primarily to block, interfere with, or take advantage of another’s planned use.
Next Steps for the Trademark Application
The Intellectual Property Office of New Zealand will now examine the proposed KiwiMart trademark application to assess whether it meets registration requirements. If the application is accepted by the office, it will be published to give interested parties an opportunity to file an opposition before final registration occurs.
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