NEW ZEALAND

• Kinds of Trademarks registrable in NEW ZEALAND

  • Following indications may be used as Trademarks in New Zealand:

    1. Words
    2. Devices & Logos
    3. Labels
    4. Shapes
    5. Colours
    6. Sounds & ScentsCombination of the aboveTypes of Marks registrable:
    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
    • Series Marks
• Requisites for a Trademark to be registrable in NEW ZEALAND

  • Trademarks must contain the following essential requirements to be registrable in New Zealand:

    • Distinctiveness
    • Non-descriptive of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in NEW ZEALAND

  • Applicants should bear in mind that the following will not be registrable as Trademarks in New Zealand:

    • Marks that indicate the kind, quality, intended purpose or value of the goods or services.
    • Marks that are common surnames or geographical names.
    • Marks that are misleading about the nature of the goods or services.
    • Marks conflicting with prior registered marks.
    • Words affected by legislation and protected by law.
    • Non Distinctive marks.
    • Descriptive words and phrases.

    TrademarkCopia through its associate Law Firms and Lawyers in New Zealand is at hand to help you with trademark registration and prosecution.

• Trademark Search in NEW ZEALAND

  • It is highly advisable to conduct a search prior to filing of the trademarks so as to identify similar and /or identical marks to those of the applicant marks. This is to ensure that there is no conflict.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Trademark Office of New Zealand.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in New Zealand.

• Trademark Filing in NEW ZEALAND

  • Filing is done with the Trademark office of New Zealand.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA) is not required.
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in NEW ZEALAND

  • Once the application is filed with the IP office, it is assessed to confirm that it meets the requirements of registration as per the trademarks act such as formalities compliances, substantive requirements and a search for prior existing marks is conducted.If the trademark application meets all the requirements of registration, it will be accepted for registration.

    If not, the applicant is notified of the same with a report setting out requirements if any that need compliance.

    If the trademark application is not accepted and it runs out of time, the application will lapse.

• Trademark Publication & Opposition in NEW ZEALAND

  • Once the trademark application is accepted for registration, it is published for opposition.  Interested parties may oppose the registration within stipulated time from the date of the advertisement.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in New Zealand can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in NEW ZEALAND

  • If there is no opposition to the application, or the opposition is unsuccessful, the applicant trademark will be registered and Certificate of registration is issued.

    Trademark is valid for 10 years from the date of filing and renewed every 10 years.

• Trademark Usage in NEW ZEALAND

  • Pre-Registration: Prior trademark use and evidence of use before filing may assist in enabling registration of some marks that may otherwise not be registrable. Extensive, Continuous and Unabated use could help bring opposition proceedings for similar or identical marks.

    Post-Registration: If the mark is not used continuously for 3 yrs. post registration, the mark could become vulnerable for cancellation and removal from the registration.

• Trademark Cost of Registration in NEW ZEALAND

  • Please write mail for cost of registration of trademark in New Zealand to the mail address given below:

    contact@trademarkcopia.com