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In most countries there are provisions to prevent registration of offensive trade marks. Section 17(1)(c) of the New Zealand Trade Marks Act provides that:

The Commissioner must not register as a trade mark or part of a trade mark any matter…the use or registration of which would, in the opinion of the Commissioner, be likely to offend a significant section of the community, including Māori (emphasis added).

The Act also provides for the Commissioner of Trade Marks to appoint an advisory committee to review applications that contain Maori content (words or imagery) to advise the Commissioner whether the proposed use or registration of a trade mark that is, or appears to be, derivative of a Māori sign, including text and imagery, is, or is likely to be, offensive to Māori.

Any application that a trade mark examiner considers contains Maori content is sent to the Māori Advisory Committee for consideration. 

A trade mark that consists of or contains an element of Māori culture, or that appears to be derivative of an element of Māori culture, is considered a Māori sign or derivative of a Māori sign. 

Elements of Māori culture include anything sourced or generated from a Māori world view, 'te ao Māori'. This can include:

- Māori words, proverbs, expressions of language, dialect, genealogical information or naming conventions

- Māori names

- Māori people, places, characters, protocols

- Māori history, cultural stories, historical accounts, songs, dance, cultural expressions

- Māori art, carving, tattoo, clothing and adornments, visual arts, and games -  both traditional and modern cultural expressions

- Taonga Māori (cultural treasures) – Māori language, landmarks, lineage, photographs, heirlooms, tribal landmarks, artefacts in collections, flora and fauna (native trees, birds)

- Specific tribal land, waterways, mountains, social systems and structures

- Mātauranga (unique cultural treasures)

In many cases, the use or registration of a Māori term may be acceptable, but only if the particular use is considered culturally acceptable. Use of some terms or images as a brand for alcohol or cigarettes, for example, would be considered offensive. 

As a further example, names of Māori ancestral names or deities are likely to be found to be offensive in relation to any goods or services.

The Intellectual Property Office of New Zealand, (IPONZ) has very recently issued a helpful Practice Guideline regarding the Māori advisory committee and Māori trade marks. This includes some guidance from the Māori Advisory Committee and many examples. See https://www.iponz.govt.nz/about-ip/trade-marks/practice-guidelines/current/maori-advisory-committee-and-maori-trade-marks/.