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Using the Trade mark

Taken from Policy Manual Part D: Professional Practice.

The Authority, through the Department of Labour (read as: Ministry of Business, Innovation and Employment)[1], has registered the “Licensed by Immigration Advisers Authority” trade mark (the Trade Mark) with the Intellectual Property Office of New Zealand. This is the Trade Mark:

Trade Mark

The Department of Labour (read as: Ministry of Business, Innovation and Employment) retains ownership of the Trade Mark, as set out in the Trade Mark Licence Agreement, which is appended to each licence approval letter.

An issue that has been identified in this area of professional practice is advisers not displaying the Trade Mark correctly.

There are no clauses of the code of conduct which relate directly to the use of the Trade Mark. However, advisers may only use the Trade Mark if they have read, understood and agreed to the terms of the Trade Mark Licence Agreement.

Use of the Trade Mark:

  • is deemed to be an acceptance of the terms and conditions of the Trade Mark Licence Agreement, and
  • can only occur while a person holds a current immigration adviser licence.

The Authority will review an adviser’s compliance with these requirements as part of the annual licence renewal process.
Advisers must adhere to the following requirements when using the Trade Mark:

  • Ensure that the Trade Mark is attributable to each individual adviser.
  • Display the adviser’s legal name as it appears on the register of immigration advisers next to the Trade Mark. Advisers who wish to use a preferred name must display this name in brackets below or next to their legal name.
  • Display the adviser’s licence number alongside the Trade Mark.
  • Since individuals, not firms are licensed, the names of all advisers in a firm licensed to use the Trade Mark must be clearly visible in close proximity to the Trade Mark.
  • The Trade Mark may be reduced or enlarged (as long as it is legible), but it cannot be edited in any way.
  • The Trade Mark can only be printed using the Authority colours, or reproduced in black and white.
  • Advisers cannot use the Trade Mark in a way that creates an impression that their company or business trade name is licensed.
  • On a website, the Trade Mark must not be displayed as hidden text or in a linked page to the Trade Mark.

For avoidance of doubt, advisers may not use the Trade Mark other than in connection with their practice as an immigration adviser.

Correct use of the Trade Mark

Below are examples of correct and incorrect uses of the Trade Mark.

The following are examples of correct use of the Trade Mark:

Email signature

Kind regards

Trade Mark

Mary Smith
Licence Number: 123456789

Website

A company, Migrants R Us, employs two licensed immigration advisers:

Trade Mark

Mary Smith Peter Smith
Licence Number: 123456789 Licence Number: 987654321

Incorrect use of the Trade Mark

The following are examples of incorrect use of the Trade Mark:

Email signature

Kind regards
Migrants R Us
Company Number: 123456

Trade Mark

Problem: This could lead a migrant to believe that the company is licensed.

Website

Contact the team at Migrants R Us:

Trade Mark

Mary Smith Peter Smith Margaret Brown

Problem: It is not clear who the advisers within the company are.