New Zealand Trade Marks
New Zealand Trade Mark Filing Requirements
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
- 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
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.
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."