A licensed immigration adviser must, if using the “Licensed by Immigration Advisers Authority” trade mark, do so in accordance with the Trade Mark Licence Agreement.
The Authority, through the Ministry of Business, Innovation and Employment, 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:
The 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.
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.
Advisers must comply with the following requirements when using the Trade Mark:
- Ensure that the Trade Mark is attributable to each individual adviser.
- Display the adviser’s name next to the Trade Mark. Advisers may use a legal first name and surname, or a full legal name, or a preferred name. Whatever name is used must be on the register of licensed immigration advisers.
- Display the adviser’s licence number alongside the Trade Mark.
- Since individuals and not firms are licensed, the names of all licensed advisers in a firm must be clearly visible in close proximity to the Trade Mark.
- The Trade Mark may be reduced in size 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 given 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, an adviser may not use the Trade Mark other than in connection with their practice as an immigration adviser.
Below are examples of correct and incorrect uses of the Trade Mark.
Correct uses of the Trade Mark
Licence Number: 12345678
A company, Migrants R Us, employs two licensed immigration advisers:
|Mary Smith |
Licence Number: 123456789
|Peter Smith |
Licence Number: 987654321
Incorrect uses of the Trade Mark
Migrants R Us
Company Number: 123456
Problem: This could lead a migrant to believe that the company is licensed.
Contact the team at Migrants R Us:
|Mary Smith||Peter Smith||Margaret Brown|
Problem: It is not clear who the licensed advisers within the company are.
What has changed compared to the 2010 Code?
2010 Code – did not include any specific requirements relating to use of the trade mark
2014 Code – requires that advisers must, if using the “Licensed by Immigration Authority” trade mark, so so in accordance with the Trade Mark Licence Agreement.