Jonah Lomu trademarks have expired, experts fear risk from squatters

The vulnerable trademarks include those to be used on clothing bearing the words -- "Jonah Lomu" or "Jonah". Photo / Getty Images

Trademarks governing the use of Jonah Lomu's name have lapsed because of unpaid fees in New Zealand and the United States, leaving the way open for those who might try squatting on the brand.

The vulnerable trademarks include those to be used on clothing bearing the words -- "Jonah Lomu" or "Jonah" -- and one with his signature enmeshed with his famous "11".

Intellectual Property Office records show the trademarks registered to Stylez Ltd, in which Lomu was sole director and shareholder.

They show the protected trademark listing ended on June 18, 2015. The listing reads: "Trade Mark Expired with renewal fees unpaid."

Other listings show a "combined" trademark more recently registered featuring Lomu's name and the "11". Those are not listed as expiring until 2017.

James & Wells partner Carrick Robinson, a trademark specialist, said Lomu's estate would not have lost control of the trademark but its expired listing created the risk others might try and register it.

"If it is not renewed someone could come in and try and register them."

He said people often perceived intangible assets -- those which weren't physical property -- differently and it meant they might not be maintained as closely as they would otherwise be.

Jonah Lomu trademark. The combined image of Jonah Lomu's name and the 11 are still covered by Trademark, while those covering his name have lapsed.

"If you look at your car and the wheels are falling off, you maintain that asset. For business and people who aren't used to watching these assets, they can fall off the radar a bit."

He said cases of squatting on trademarks had increased in recent years. Generally, registering a trademark would not deprive genuine owners of their rights but it created problems which could be avoided.

"Letting paperwork fall through the cracks creates the opportunity for things to fail and lets in opportunists. There are costs, there are expenses and uncertainty. Trying to keep one's house in order avoids these issues."

He said brands needed to be seen as assets because they distinctively identified products and services.

He said trademarks needed to be renewed every 10 years or they would lapse. He said the register gave a year's grace before removing the listing, which meant it could be retrieved before the anniversary of its expiry.

Mr Robinson said listing a trademark stamped a mark of ownership on a brand -- but the actual use of the trademark created its own protection.

The United States trademarks register describes Lomu's brand as "abandoned" from November 2014. The trademark had also been registered with Stylez Ltd.

Lomu's business affairs have come into focus after an independent trust was set up to provide for the Lomus' sons, Dhyreille, 6, and Brayley, 5, in the wake of his death last month.

Nadene Lomu has not responded to requests for an interview.