Trademark Dispute Looms Over 'KiwiMart' Name Following Greens' Supermarket Announcement

The Green Party of New Zealand announced on September 6, 2026, its ambitious plan to launch a publicly-owned supermarket chain called KiwiMart. The initiative aims to disrupt the existing supermarket duopoly and enhance competition within the grocery sector.

Shortly after this announcement, Lion Labs Limited, a company specializing in snack foods and vape distribution, revealed that it had filed an application to trademark the name "KiwiMart" with the Intellectual Property Office of New Zealand (IPONZ). The trademark application was officially recorded on September 7, 2026.

Cahn Mackenzie, director of Lion Labs Limited, stated that internal discussions about using the name KiwiMart began approximately twelve months prior to the Green Party's public announcement. He emphasized that the company intends to use the name for a convenience and grocery-store business, potentially expanding its current product offerings.

"Our earliest documented internal discussions about using the name date back approximately 12 months, before the Green Party’s announcement. We intend to use it for a convenience and grocery-store business," Mackenzie told 1News.

The company submitted a computer-generated image illustrating what their KiwiMart stores might look like, indicating serious intent to develop the brand.

Following Lion Labs' filing, another company also lodged a trademark application for the name KiwiMart on September 10, 2026, further complicating the situation.

Trademark law experts note that applications made solely to block competitors can be vulnerable to legal challenges. Jane Glover, a barrister and trademark law specialist at Sangro Chambers, explained that trademark registration depends on factors such as distinctiveness and descriptiveness, which IPONZ evaluates under specific international classes of goods or services.

"I would have thought for sure KiwiMart would be at least registrable in a logo form. Whether it's registrable as a word mark, I would have thought probably it is. But maybe the office would take a different view on that," Glover commented.

Importantly, New Zealand follows a "first to use" system rather than a "first to file" approach for trademark rights, similar to Australia and some other jurisdictions. This means that the actual use of the mark in commerce can outweigh the filing date in disputes.

Mackenzie asserted that Lion Labs' plans to use the KiwiMart name predate the Green Party's announcement, which could influence the outcome of any trademark dispute.

The Green Party's public supermarket proposal and the subsequent trademark filings highlight the complexities of intellectual property rights when multiple parties seek to capitalize on the same brand identity.

As the situation develops, the Intellectual Property Office of New Zealand will need to assess the applications carefully, considering prior use claims, distinctiveness, and the potential for consumer confusion.

This case underscores the importance for businesses and organizations to secure trademark rights proactively, especially when launching new brands or initiatives in competitive markets.

The outcome of the KiwiMart trademark dispute could set a precedent for how public and private entities navigate intellectual property challenges in New Zealand's retail sector.