New Zealand Trade Marks
General Information
| Deadline | When a deadline falls due on a weekend or holiday, you may file by the next working day after the deadline without any loss of rights. |
New Zealand National Filing |
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| Applicant | The proprietor of the mark - individual or corporation. |
| Classification | Nice classification of goods and services. Multi-class applications are available. |
| Series | Are available, but only minor variations will be accepted as a "series", e.g. the same trade mark in different colours or colour(s) plus black and white. |
| Black & White | Trade marks registered in black and white cover all possible colour combinations. |
| Examination | Automatic, no formal request required. It is difficult to obtain registration of:
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| Marking | Advisable but not compulsory: "N.Z. Reg. T.M. No........" |
| Non-use | Trade marks are open to attack by interested parties if not used for a continuous period of more than 3 years. |
| Term | Initially 10 years from filing or Convention date, Renewable every 10 years thereafter. Renewals must be paid by the due date – there is no grace period. Restoration is possible only within 6 months of lapse. |
| Licenses | Cannot be recorded on Trade Marks Register. |
| Certifications Trade Marks and Collective Trade Marks | Can be registered in NZ — please contact us for filing requirements. |
Filing Requirements |
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| 1. Trade Mark to be registered | We require one clear representation of a logo mark. This must be provided electronically, as a .jpeg or .gif file. If the mark contains words having a meaning in a language other than English, a translation (and transliteration where necessary) must be provided before acceptance. |
| 2. Information |
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Emergency Filing
The Convention priority details (item 2c) can be filed up to two days late.
NOTE
An Authorisation form signed by applicant and a Convention priority document are not required for new applications, but an Authorisation may be required when taking over an existing case (custom form provided by email within one working day).
New Zealand Designation of International Registration under Madrid Protocol
New Zealand is now a member of the Madrid Protocol, and International Registrations can designate New Zealand.
We can take over agency for a New Zealand designation. There is no charge for doing so, but we charge for advising on the objections raised and for responding to the Trade Marks Registry.
Requirements
- Madrid International Application Number (or New Zealand Application Number)
- Authorisation of Agent
- Custom form provided by email within one working day
- No legalisation required
- Scanned copy acceptable