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New Zealand Trademark Registration

Protect Your Brand in New Zealand Through a Simple Process Backed by Certified Local Attorneys

Simple steps to register your trademark

STEP 1

Comprehensive Trademark Study

Before filing your trademark in New Zealand, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.

  • Graphic and phonetic similarity trademark search report
  • Trademark attorney's analysis and advice
  • Trademark class recommendation
STEP 2

Trademark Application Filing

Specialized attorneys will file your trademark application in New Zealand and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.

  • Process Handled by Experienced Trademark Attorneys
  • Filing the Report & a Scanned Copy of the application
  • Tracking the Registration Process Online

Additional Services in New Zealand

Discover how our services help protect and strengthen your brand in New Zealand.

Trademark Search

Check if your trademark is available for registration with our easy-to-use search tool.

Search Trademark

Trademark Renewal

Renew your trademark to maintain uninterrupted protection for your brand.

Renew Trademark

Domain Registration

Safeguard your local domain with ease through our trusted partner, Register.Domains.

Search .NZ Domains

From our Blog

Frequently Asked Questions

What are the steps involved in the trademark application process in New Zealand after filing?

The application process follows these steps:

  • Examination of the trademark application, which includes checking:
    • formal requirements
    • classification
    • clarity
    • descriptiveness
    • distinctiveness
    • deceptiveness
    • conflicts with existing registrations
    • whether the mark or its use is offensive to significant community groups, like the Maori
    • bad faith
  • Publication of the application details, including:
    • application date
    • mark
    • application number
    • applicant's name
    • applicant's citizenship
    • applicant's state or country of incorporation
    • applicant's address
    • priority claim details
    • goods/services
    • trademark representation
    • local address for service
  • Registration
  • Who is eligible to challenge my trademark application?

    Any person has the right to challenge a trademark application.

    What is the typical duration for trademark registration approval?

    Typically, it takes about 6 months to get a trademark registered, as long as there are no objections or oppositions.

    If I register my trademark in New Zealand, will it be protected in other regions?

    Registering your trademark in New Zealand provides protection in New Zealand and Tokelau. It's unclear if this protection extends to Niue or the Cook Islands. For more details, consult a trademark attorney.

    Is it possible to claim priority for a patent application in New Zealand?

    Applicants can claim priority in New Zealand if:

    • The applicant's home country is a member of the Paris Convention.
    • The first application was filed in a country that is part of the Paris Convention (it doesn't have to be the applicant's home country).
    • The first application was filed within six months before applying in New Zealand.
    • New Zealand has a bilateral agreement with the country where the first application was filed, such as Singapore and Taiwan.

    Does registering a trademark in New Zealand provide any legal rights?

    In New Zealand, trademark rights are based on the 'first to use' principle. You don't need to register a trademark to claim ownership; simply using it first can establish your rights.

    How long is a trademark valid once it has been registered?

    The trademark registration is valid for 10 years starting from the application or priority date.

    Do I need to use my trademark before applying for registration?

    Before you apply for registration, you must either be using the trademark or plan to use it soon.

    Can a registration be canceled?

    Registration can be canceled for the following reasons:

    • The mark is descriptive.
    • The mark is misleading, deceptive, or disparaging.
    • The mark lacks distinctiveness.
    • The mark is generic.
    • The mark serves a functional purpose.
    • It involves protection of armorial bearings, flags, and other state emblems.
    • The mark goes against public policy or moral principles.
    • The mark includes a geographical indication.
    • The mark is used in a misleading way.
    • The mark contains a badge or emblem of significant public interest.
    • The application or registration was made in bad faith.
    • The mark is prohibited in this jurisdiction.
    • Section VIII.A. Use Requirements.

    What rights do you gain by registering a trademark?

    Registering a trademark gives you the following rights:

    • the sole right to use the trademark
    • the ability to allow others to use the trademark through licensing
    • the right to oppose later trademark applications that conflict with yours
    • the right to request cancellation of a conflicting trademark registered after yours
    • the right to take legal action against others using a similar trademark that causes confusion
    • the right to seek compensation for trademark infringement
    • the right to ask customs to seize counterfeit goods being imported

    What is the duration of the opposition period?

    The opposition period starts on the day the acceptance is published in the official journal.

    The opposition period concludes three months after the acceptance is published in the official journal.

    Do I need to sign a Power of Attorney form?

    You don't need a power of attorney to file an application, but you will need one if you want to change your attorney.

    What actions are necessary to fulfill the usage requirement for a trademark?

    You need to use your trademark within three years of its registration date.

     

    The usage should be real and not just symbolic. The trademark must be used in New Zealand.

    Still have questions?

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