The current trademark legislation in New Zealand is the Trade Marks Act 2002, which came into force on August 20, 2003. The principles of “common law” apply. New Zealand is a member of the Madrid Protocol with effect of December 10, 2012.
Trademark registration classification:
Nice Classification
Requirements:
- The applicant’s full name and address,
- The country of incorporation of the applicant,
- An indication of the mark. It is not necessary for us to have a printed sample of the mark if it only comprises a word. If the mark comprises a device element, a sample of the mark is required.
Procedure:
- The application is filed at the New Zealand Intellectual Property Office (IPONZ).
- The application process includes a formal examination, an examination of distinctiveness and a search for identical or confusingly similar trademarks with priority.
- If your mark complies with all the requirements of the Act and regulations, your trade mark will be accepted.
- Prior to registration, the trademark application is published in the monthly “New Zealand Intellectual Property Office Journal”.
- Within three months of the trademark application is published a person may oppose the application
- If no opposition is raised, then the mark will be registered
- The processing time from first filing to registration is approximately 6 to 12 months.
Duration and Renewal: A trademark registration is valid for 10 years from the date of filing or, if applicable, the convention priority date (referred to as the 'deemed date of registration').The registration is renewable for periods of 10 years.
Fee Structure
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