“I’m a Trade Mark Junkie” says Theodore Doucas of the Zone Corporation. Then he shifts a bit in his chair, seeming a little embarrassed about the admission. “Well, it’s true, people think it’s strange but I really love trade marks!

And he must do, he’s building a business with the specific goal of helping New Zealand businesses protect and manage their intellectual property. In fact, when I spoke with him he had just been hit by a car the previous day and he was planning to leave for Seattle the following day to attend the International Trademark Owners Association Conference (INTA). Yet he was still keen to find time to talk about trade marks! “I love business, and I love helping businesses thrive. And IP (Intellectual Property) protection is very important in that. I just love protecting people’s reputations.”

He starts off with an analogy. “Trade mark protection is like insurance. You may have car, home, or contents insurance. The question is, how do you protect your reputation as a business? That’s what trade mark protection is. Making sure your good name and the time and effort you put into building your business is not taken by somebody else. You’ve actually got more chance of somebody stealing your name than of your house burning down. But we all insure ourselves for our house burning down!”

It all started when he was working at the Intellectual Property Office of New Zealand (IPONZ) as the Manager of Trade Marks and as an Assistant Commissioner of Patents, Trademarks and Designs. “I’d get calls from people who had filed for trade mark applications by themselves and with over 70% of them there would be some problem. In many instances they’d lose their money because they couldn’t continue with it, and so they’d ring up and complain. Often I’d ask ‘did you get some professional help with this?’ And the answer was usually ‘no’, because they didn’t have the money to go to a lawyer. So I thought, ‘there’s a need there.’”

Theodore just happens to be a lawyer, but the Zone Corporation is not a law firm. It is an intellectual property consultancy. “You wouldn’t give your real estate portfolio to a lawyer to take care of; you’d give it to a property manager. Intellectual property is exactly the same. Lawyers are necessary when it comes to issues of infringement.. But when it comes to managing your intellectual property portfolio, you don’t need a lawyer. Our approach is to focus on the management of an IP portfolio and provide legal advice through our law firm only when absolutely necessary.

When people think about trade marks, they think ‘expensive’. One of our aims is to bring IP and trade marks to the average New Zealander; to small and medium sized enterprises; as well as provide strategic advice and management for large corporations. We’re here to show all businesses that it’s not that expensive to get high quality advice and strategy.” And after an online hunt, as far as I could determine they are the first private company in New Zealand to focus specifically on managing people’s IP. The other difference the Zone Corporation is proud of is their commercial outlook. “It’s because I’ve owned successful businesses myself,” says Theodore, “so I understand the commercial reality of what these businesses go through.”

One thing he remembers from his time at IPONZ, is being amazed at how many businesses haven’t taken any steps to protect themselves. “It’s just shocking! Having been on the other side, and seeing how many battles occur through the IPONZ Hearings Office, it’s scary to see how many small businesses aren’t protected, and get into trouble. New Zealanders in particular have a ‘she’ll be right’ attitude. We don’t think people are going to want to steal our brand name. But sometimes it’s not that people do it knowingly, it may be completely accidental.”

The Zone Corporation has been operating for a year, and in that time it has quietly and quickly flourished. Three extra employees and some very big national and international clients mean that a constant stream of work is coming in.

And so far they’ve gotten pretty impressive results: “Last year we had a 92% success rate with our client’s applications through IPONZ, and we are still progressing with some of those so I think we will probably end up with a 95% success rate. We do sometimes have to battle with the IP office. Most people would get the rejection notice and put it in their bottom drawer, but we don’t give up – we are out there to help them register their trade mark!”

“What we really want to do is educate people that it is vital to protect your brand name. There have been some high-profile cases in the media such as the Tamsin/Trelise Cooper saga, which bring trade mark issues to the forefront, and show people how important trade mark protection is.” Most people have heard of Burger King, who weren’t able to protect their name in Australia, so ended up calling themselves Hungry Jack’s. “Recently we helped a small business in New Zealand reach a settlement with a large overseas company who wanted to enter the New Zealand market with a similar name. Our clients are certainly very happy about the outcome and the figure they received.”

On the other hand, it can be heartbreaking, Theodore says, to hear from people who have been caught out. “It’s awful when you get someone on the phone who says ‘I’ve been trading for the last 4 months and I’ve just got this letter from somebody telling me that they own my name, what can I do?’ And after reviewing the facts, all you can say to them is, ‘well actually, not very much’ and you have to advise them to rebrand.’ And for a small business, rebranding is not a cheap option. I have clients who, I’ll file their application for them, then a month or two later somebody else is filing for the same mark and for the same goods or services, and they can’t believe it – it happens all the time. If you believe in your business and the effort you’ve put into it, then you have to believe in protecting your brand. It’s an asset, and it will only appreciate in value.

“We’ve also created Trade Mark Zone, which is our online website specifically catering to small and mid-sized enterprises that don’t have huge amounts of money but still need to get trade mark protection. We’re New Zealand’s first online trade mark filing service.” Their online prices are displayed on their website so people know what the cost is going to be.

The Zone Corporation and Trade Mark Zone really have all the aspects of IP covered. “We can do both, we can give basic advice and point you in the right direction, or lead you step by step through a minefield. If any problems arise, we will be there for you. And we really are strategists – we don’t just manage your portfolio, we strategise to make sure we get the best protection for you.”

Which we’re willing to bet that many businesses are beginning to realise, is extremely important!