New Zealand Designs
New Zealand Design Registrations
Ornamental or Industrial Designs
- Initial 5 year term, renewable for two further terms of 5 years each (total of 15 years)
- Local novelty requirement
- Design must be new and distinctive
- Combined search and substantive examination before registration
- No provision for opposition to grant of registration
- Third parties may request cancellation of a design
- Renewal fees due before each 5 year extension
- Marking optional
- Infringement proceedings may be taken in a court of law only
- New Zealand designs also effective in Cook Islands, Niue and Tokelau
A registered design in New Zealand protects the novel features of shape, configuration, pattern or ornamentation but not the function of the article to which they are applied.
New Zealand has local novelty requirements, so that the design must only be new and original in New Zealand at the time of filing the application, or at the priority date of the application.
Once filed, the New Zealand design application proceeds automatically to examination and subject to no objection being raised, the New Zealand Certificate of Registration can be expected to issue fairly rapidly.
Minimum filing requirements for overseas clients
The minimum information and documentation we require to file a design application in New Zealand is:
- Full name and address of the applicant.
- One set of representations of the design (preferably drawings but photographs will suffice).
- Name of the article for which design registration is required.
- Particulars of the basic application if Convention priority is to be claimed (a certified copy is not normally required).
- Statement of novel features of the design.
Additional requirements (can be provided following filing):
- Nationality of the applicant.
- Full name, address and nationality of the designer(s) of the design.
- Four additional sets of representation of the design.
- Explanation of how the applicant obtained rights to the design from the designer(s) (if the applicant is not the designer).
- A certified copy of any basic application (if Convention priority is claimed).
- A verified English translation (if applicable) will only be required if examination is requested following registration.
New Zealand Design Registration
Hydrus Technology engaged the services of Cullens to assist Hydrus in protecting its Intellectual Property for a very complex Electro-Chemical process.
Hydrus was impressed by the way in which the appointed Cullens’ representative was able to very quickly and easily understand the technology and the requirements of the Company. More importantly, through Cullens’ in depth understanding and broad knowledge of the science and the Patent market, they were able to provide considerable value towards the Patent process, allowing us to protect our rights to the greatest extent possible.
We highly recommend Cullens for their proactive approach, detailed knowledge, the speed with which they address matters together with their very reasonable and transparent pricing model and fees.
David Cam, Chief Executive of Hydrus Technology
"We found Cullens not only to be outstanding professionals, but in our experience
they had no hesitation in going the extra mile.
They are friendly, accommodating, diligent and extremely hardworking.
Their communication was excellent and they kept us fully informed throughout the whole legal process.
I would have no hesitation in recommending Cullens Patent and Trade Mark Attorneys."
Keith Jones, Director of Sensuous Pty Ltd
"Mr Regan Gourley and his team at Cullens Patent and Trade Mark Attorneys have had the conduct of all Morris International Group’s (incorporating Sirromet Wines) intellectual property related matters, in particular Trade Mark work for many years.
Cullens demonstrate expertise across all relevant IP legislation and deliver timely, cost effective and practical commercial advice.
Morris International Group would have no hesitation in recommending Regan Gourley and his team for any intellectual property and Trade Mark matters and any other work for which his team is qualified."