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
We engaged Cullens to petition the Australian trade mark office for an abandonment of a mark held by a Fortune 500 company in the USA.
Unless Cullens were successful in their petition, Ballard would be shut out of the Australian market with one of our best brands, Columbia Bicycles.
Our attorney was successful with our petition and the job was performed quickly and thoroughly. Our attorney kept us continuously updated as the case proceeded.
Thanks to Cullens fine work, Ballard is now able to sell Columbia Bicycles to Australian consumers. Thanks Cullens!
Ronald J. Horta, CEO and General Counsel to Ballard Pacific Resources
Hydrus Technology engaged the services of Cullens to assist Hydrus in protecting its Intellectual Property for a very complex Electro-Chemical process.
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David Cam, Chief Executive of Hydrus Technology
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