The Tapu-Noa Matrix for Determining Whether the Use or Registration of a Trade Mark Is Likely to Offend Māori

In Aotearoa New Zealand, the Māori Trade Marks Advisory Committee advises the Commissioner of Trade Marks on whether trade mark applications that are, or appear to be, derivative of a Māori sign, are likely to be offensive to Māori. The Committee uses a Tapu-Noa Matrix to help ascertain offensiveness. This article explains and evaluates the Matrix, which is not examined in the existing scholarship. First, it explains the tikanga Māori legal system and the tikanga concepts mana, tapu and noa. Second, it outlines two iterations of the Tapu-Noa Matrix: a prototype matrix and the published practice note matrix. Third, it explains the axes of the matrices and provides examples of trade marks at different points. Fourth, it provides examples at coordinates on the matrices to illustrate their application. Finally, it evaluates the matrices and suggests that the published practice note matrix is more accurate and useful than the prototype matrix. In doing so, it demonstrates developments and challenges in applying tikanga concepts to serve tests under the state law.