New Zealand Trade Marks

• New Zealand Trade Mark Filing Requirements

  Summary

  Registrable trade marks include:

  • devices, brands, headings, labels, tickets, names, signatures, words, letters, numeral, colours, sounds, shapes or scents provided they are distinctive and can be represented graphically.

  Other types of registrable marks:

  • Certification marks
  • Associated marks
  • Defensive marks

  Notes

  • Actual use not required for filing; an intention to use is sufficient
  • Classification of goods and services is similar to the International Classification under the Nice Agreement
  • Combined search and substantive examination before grant
  • Initial term: 7 years from date of application
  • Renewal term: 14 years. Marking optional, but recommended
  • A registered trade mark may be removed if unused for a continuous period of 5 years
  • Infringement and cancellation proceedings may be taken in a court of law only
  • New Zealand trade marks also effective in Cook Islands, Niue and Tokelau

• Minimum filing requirements

  • Full name and address of the applicant.
  • Representation of the trade mark.
  • Statement of goods and/or services for which registration is sought, and international class or classes, if known.
  • Particulars of the basic application if convention priority is to be claimed (a certified copy is not normally required).

  Additional requirements (can be provided following filing)

  • Nationality of the applicant.
  • Whether the trade mark is being used in New Zealand or proposed to be used, and whether by the applicant or a licensee.

• New Zealand Trade Mark Registration

  
   
   
   
   

   

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