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Trademark Registration in New Zealand
A trademark is a unique symbol, logo, letter or alphabet that is designed by individual or a company for their branding in the market and worldwide. It can be a product or services, as per the international classification system there are 45 classes of trademark which are divided into good and services. In New Zealand trademark registration system there are exclusive rights to use the trademark throughout the New Zealand to advertise goods and services and uses ® symbol with the trade mark. This is legal protection for all the brand who want to register their trademarks.
Requirements for trademark registration in New Zealand:
The name and address of the applicant. The applicant can be individual or a legal person such as a company but not a trust.
Copy of a representation of the trademark.
List of the goods and or services associated with the trademark.
A trademark can be registered in respect of goods or services in one or more classes. From the given information firstly an exact mark conduction will be proceeded to know whether the same trademark is the subject of a pending application or a registered trademark in respect of the same goods or services on the trademark database.
If an exact trademark is situated there will be a report to the search results and not continue with the trademark application. If the exact trademark is not found a copy of the application for your approval will be forward and also report the search results.
Trademarkcart will conduct a trademark search for free the applicants. The purpose of the trademark search is to avoid the unnecessary expense in applying for trademark registration where the exact trademark already exists on the trademark register. After the approval it will go for examination and it will take time. During the examination process there are chances that the authority may issue a report raising their objections to the registration of trademark. Typical objections are that the trademark lacks uniqueness or that the registrability of the mark is blocked by the existence of contradictory prior registration or application.
A trademark applicant has a period of 15 months from the date of the first report within which to overcome objections and get the permission of the application. A further 6 months can be taken on the payment of monthly extension fees. Therefore, its recommend that trademark applications be continued by acceptance as soon as possible after the first report was circulated.
The trademark is registered for a term of 10 years from the filing date. The term can be renewed every 10 years to secure registration with the payment of renewal fees. After 5 years from the date of filing, a registered trademark is unsafe for a removal for non-use if the trademark has not been used during a constant period of 3 years. If a removal action is started by a third party, the trademark owner must explain that there has been using of the trademark during this period to keep the trademark on the register.
What Can Be Trademarked?
Who Can Apply For Trademarked ?
Any person or business claiming to be owner can apply for a trademark including :
It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.
Trademark Law in New Zealand
New Zealand is a part of the Paris Convention, the World Intellectual Property Organization (WIPO). According to the New Zealand trademark law, there is a Trade-Related Aspects of Intellectual Property (TRIPs) Agreement, Hague Convention Abolishing the Requirement of Legalization for Foreign Documents, Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, and Madrid Protocol. In New Zealand law there should be a clear illustration of the mark and the goods/services and Id and address proof of applicant is a must. New Zealand follows 3 types of trademark i reference to their laws and regulations i.e. collective trademarks, certification trademarks, and series trademarks are registrable in New Zealand. There are 12 months for responding to the first examination report, with further time allowed for succeeding examination reports. The Commissioner must neglect prior marks cited against an application if the approval of the prior mark’s proprietor has been received. Once a trademark application has been accepted it is published for opposition purposes in the Official Journal. An opposition can be filed within 3 months of the publication date (extendable by 1 month if the extension is filed within three months). Trademarks can be removed on the ground of non-use if genuine use of the mark has not been made in trade in New Zealand for a constant period of 3 years after the date of application.
Once registered trademarks are in power for an initial period of 10 years, and can be renewed for subsequent periods of 10 years at a time.
As with many other countries, New Zealand’s trademark legislation has undergone progressive transformation since the latter part of the 20th Century. Notable changes under the now-repealed Trade Marks Act 1953 include: allowing registration of service marks (1987); replacing the definition of mark with sign and amending the definition of sign to include colours (1994), amending the definition of sign to include sounds, smells, or tastes and allowing the registration of collective trademarks (1999).
The Trade Marks Act 2002 made the following notable changes: it added shape to the definition of sign, introduced multi-class applications, allowed for the division or merger of applications, allowed trademark applications to be assigned; it established a Maori Advisory Committee to advise the Commissioner on whether any applications or registrations are likely to be offensive to Maori; it removed the ability to register defensive trademarks and reduced the removal for non-use period from 5 years to 3 years. The registration term became 10-years from the filing date, and the subsequent renewal term for any renewals became 10 years.
The Trade Marks Amendment Act 2011 revoked all registered licenses and provisions relating thereto. It also introduced provisions relating to the appointment, functions, and powers of enforcement officers, including the powers of entry, search, and seizure as part of measures to combat counterfeiting.
In December 2012 several international treaties came into force in New Zealand. In particular: the Madrid Protocol; the Singapore Treaty (one 2-month extension of the time limit possible); and the Nice Classification – although New Zealand has classified according to the Nice Classification since 1941. Applicants can apply to convert to the current version.
Trade Marks Act 2002 (reprint as at 27 July 2017) (2017)- The main reason for the commencement of this act was Trademarks, Geographical Indications, Trade Names, Enforcement of IP and Related laws and IP Regulatory Body.
Trade Marks Amendment Act 2011 (reprint as at 29 April 2013) (2013)- The main purpose for the commencement of this act was Trademarks, Enforcement of IP and Related Laws
Trade Marks Amendment Act 1999 (1999)- The reason for commencing this act was The Amendment Act inserted sections 46A – 46M into the Trade Marks Act 1953 to provide for the registration of collective trademarks.
Procedure For Trademark Registration
Steps to register trademark in New Zealand
Benefits of Trademark registration in New Zealand
Documents required for Trademark Registration in UAE
What Is Included In Our Package?
- Application Preparation
- Name search & approval
- Application Filing
- Same day Filing
|Trademark Consultancy on Class and Availability||Free|
|TM Application Filing + Drafting (Our Fees)||$ 699|
|Total Cost||$ 699 + Govt. Fees|
There are 45 trademark classes in New Zealand which is divided in two categories i.e. Goods & Services.
Class 1: Chemicals used in industry, science and photography, agriculture, horticulture and forestry; manures; adhesives used in industry.
Class 2: Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants.
Class 3: Cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics.
Class 4: Industrial oils, and greases; lubricants.
Class 5: Pharmaceutical, veterinary and sanitary preparations; disinfectants; preparations for destroying vermin, fungicides, and herbicides.
Class 6: Metal building materials, metallic transportable buildings; nonelectric cables and wires etc.
Class 7: Agricultural implements; machines and machine tools; motors; machine coupling and belting.
Class 8: Hand tools and hand operated implements; cutlery.
Class 9: Scientific, electric, photographic, optical, measuring, signalling etc
Class 10: Surgical, medical, dental and veterinary apparatus and instruments; orthopaedic articles.
Class 11: Heating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Class 12: Vehicles; apparatus for locomotion by land, air or water.
Class 13: Firearms, ammunition and explosives.
Class 14: Jewellery, horological and chronometric instruments.
Class 15: Musical instruments.
Class 16: Paper, cardboard and goods made from these materials; printed matter; photographs; stationery;
Class 17: Rubber, mica and goods made from these materials; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes.
Class 18: Leather and imitations of leather, and goods made of these materials etc.
Class 19: Non-metallic building materials and transportable buildings; asphalt.
Class 20: Furniture, picture frames; goods made of wood, cane, bone, shell, and substitutes such as plastics.
Class 21: Household or kitchen utensils and containers; combs and sponges etc.
Class 22: Rropes, string, nets, tents, tarpaulins, sails, sacks and bags, padding and stuffing materials etc.
Class 23: Yarns and threads, for textile use.
Class 24: Textile and textile goods, not included in other classes; bed and table covers.
Class 25: Clothing, footwear, headgear.
Class 26: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Class 27: Floor coverings and no textile wall hangings.
Class 28: Games and playthings; gymnastic and sporting articles.
Class 29: meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables etc.
Class 30: Flour and preparations made from cereals, bread, pastry and confectionery, ices, honey, sauces, salad dressings, spices.
Class 31: Agricultural, horticultural and forestry products and grains not included in other classes; living animals etc.
Class 32: Beers; non-alcoholic drinks; fruit drinks; syrups and other preparations for making beverages.
Class 33: Alcoholic beverages (except beers).
Class 34: Tobacco; smokers’ articles; matches.
Class 35: Advertising, retail and business.
Class 36: Insurance and financial.
Class 37: Construction and repair.
Class 38: Communication, telecommunications.
Class 39: Transportation and storage; travel arrangements.
Class 40: Material treatment.
Class 41: Education and entertainment; sporting and cultural activities.
Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services; legal services.
Class 43: Services for providing food and drink; temporary accommodation.
Class 44: Medical services, veterinary services; hygienic and beauty care services; agriculture, horticulture and forestry services.
Class 45: Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.
Trademark search in New Zealand
Trade Mark search permits for targeted searching of intellectual property cases by case number, owner, date, and more. Trademark search must be satisfied before filing a trademark application to find likely disputes with existing trademark applications or registered trademarks. You can do a trademark search by providing the wordmark and the class under which the search is to be done. Trademark application is organized under 45 different classes as per the NICE classification for trademark. All of the trademark class serves a different set of goods and services. In case you need to get the trademark class for a good or service, you can use our trademark class finder tool. We provide an easy way to perform a trademark search through this online tool.
The Trade Mark Case Search is used to:
Perform general searches for trademarks that are on the register including rejected, canceled, or expired trademarks based on targeted search doubts.
Logged-in users can also seek for particular cases for which they wish to maintain.
Search you trademark in 3 simple steps
Period of validity and renewal
In New Zealand, a registered trademark will be lawfully protected for 10 years from the date of its certified registration. After 10 years, if the owner wishes for additional expansion for it to be kept operational, further official charges are to be paid to the New Zealand Ministry of Economy.
When the renewal is not done as soon as possible, there will still be a grace period of 6 months. It must also be seen that a registered trademark can be asked to be cancelled by any interested party if the said trademark is not used for 5 consecutive years in the New Zealand from the date of its filing.
Trademark registration is valid for up to 10 years from the filing date of the application and is renewable for similar periods in New Zealand. The renewal fees of a trademark registration can be given in the final year of the registered period. Also, a grace period of three months is acceptable for the late renewal of a trademark with a fine. The renewal of a trademark is also printed in the Trademark Journal and also in 2 local daily newspapers.
Once your New Zealand trademark renewal is finished, your trademark registration is maintained. Your trademark registration gets an expansion for a decade. You can now securely use your trademark for advertising your company and brand in the international market.
Requirements for Renewal Process:
The application form or the renewal form is required. This form assists you to apply officially for your trademark renewal.
An agent who would look and keep you updated on all the paperwork and renewal processes. You should make sure that your mark is well protected. If you are seeking the help of an agent, you must provide them with an owner’s signature on the registration certificate.
The original registration certificate is also important. You should provide the authority with the original or photocopy whatever seems necessary.
Deposit the requisite amount of fees so that you do not face any delay.
You also need a power of attorney and an ID or address proof.
You would not be permitted to file a report upon any duplicity if you do not renew your trademark. A registered trademark gives you the legal benefit of having the trademark owner. You should file for trademark renewal before the time has passed.
A trademark can be registered in countries overseas. A search may be carried before filing overseas as a trademark may be available for registration in one country but not in another. It is not unusual for businesses to trade in one country only and hence all markets must be viewed necessarily separately when picking brands. This trend has been fluctuating in recent years, and regional and international trademark registrations are now viable and favored by some businesses.
Ensuring that the mark is open for registration overseas is advised given considerable resources will be invested in branding, marketing, and if a dispute exists in an overseas market, sizable costs may be acquired to resolve a dispute, apart from the costs of rebranding. We handle trademark clearance searches, freedom to complete reports, and can advise your business before you commit resources with originating a new brand overseas.
If a New Zealand trademark has been filed, an overseas application can be filed within six months to claim the earlier filing date of the New Zealand application. Even when the six month period has passed, an overseas application may still be filed. However, the earlier NZ filing date cannot be relied on and the actual date of filing the application is used.
Regional trademark applications are becoming popular, and the Community Trade Mark covering all EU countries is a very popular option for NZ businesses exporting to Europe.
An international trademark registration regime, known as the Madrid Protocol, is now available to New Zealand businesses, and one registration can cover over 80 countries. For businesses wanting to protect a trademark in more than about 15 countries at the same time may face cost savings by considering this option. However, if you are only interested in securing your brand in a handful of countries, and with a restricted budget, developing an IP strategy to seek protection in only those countries of interest may be extra cost-effective and suitable in the circumstances. Some disadvantages include the high cost, and all eggs in one basket risk if a basic or main registration is attacked in one country, it can affect the whole registration. Moreover, any assignments of rights may be hard to register, mainly if the purchaser is a business in a non-member country of the Madrid Protocol system.
We are also IP experts at managing trademark conflicts in New Zealand and Australia for overseas applicants and can be contacted to assist parties with IP strategies for overcoming notifications of provisional refusal and trademark objections, and other proceedings with international registrations designating New Zealand.
Protecting your trademark rights
Once you have successfully received your full trademark registration, you must secure your trademark rights by:
Using the ® symbol (a ™ symbol doesn’t mean you have a legally-registered trademark)
Fulfilling your responsibility to IPONZ by keeping up-to-date ownership and address details.
Monitoring your trademark against infringements.
Frequently Asked Questions
You can contact our team for comprehending the cost of the trademark registration in New Zealand. Even you can call us on +1-646-980-2377.
The trademark registration process, in New Zealand from the application filing until the time the certificate is given, takes approximately 12 months.
Class 36 is for charitable fundraising services.
Others under class 41 as social club services that arrange organize social services.
Trademarks, for example, Coca-Cola, HP, Canon, Nike, and Adidas fill in as a sign of source of the merchandise and also a sign of value.
Registration of an organization or business name under the Companies Act does not in itself give security against other people who may begin utilizing identical or comparative imprints.[/toggle]
- Trademark: Business and item proprietors petition for a trademark. It ensures a name, word, motto, image, outline, or potentially picture recognizing a business or mark and recognizing it from others in a similar field.
- Copyright: It can be looked for by creators, craftsmen, choreographers, draftsmen, and other creative experts. While a thought can’t be copyrighted, the tangible form of a thought can be. This incorporates unique works of origin, photos, models, choreography, building works, sound chronicles, movies, and other innovative works.
- Patent: Innovators and designers file for licenses. A patent secures inventions with another or enhanced capacity. This incorporates machines, procedures, or substance pieces, or the plan for some item.
The rights of common law trademark go directly to the business that uses the trademark first. Also, you can just authorize a common law trademark in the geographic region where the trademark is utilized.
Advantages to registering your mark:
- Across the nation security
- The assumed legitimacy of the mark in the event that you need to sue
- Extra cures in court
- May expand the reputation of your organization
- Registration with the authority will dishearten others from attempting to utilize your mark
The authority will not approve every name for a trademark. Under trademark law, names can be placed into four general categories:
Generic terms, which will never be equipped for Registration. A Generic expression is a term, the importance of which is synonymous with the products (or services) themselves.
Such nonexclusive terms are unequipped for recognizing the products or services of one substance from those of another
A mark is descriptive on the off chance that it is descriptive of: the nature or quality of the merchandise; the planned reason or capacity of the services; or the end impact upon the client.
However, these terms cannot get Federal Registration unless, over a time of years, the terms have obtained an extraordinary, identifiable significance in the brains of the public (that is, an “optional importance”
A “Suggestive” mark is one which only recommends some quality or characteristic of the services. On the off chance that the mark is resolved to be suggestive, and non-descriptive, the mark is qualified for Federal Registration and to the same security as a “distinctive” mark.
You should bend over backward to create arbitrary and fanciful Trademarks.
Suggestive terms make for exceptionally frail trademarks and ought to stay away from at whatever point conceivable.
- Distinctive or Arbitrary or Fanciful
Usually, the most effortlessly Registerable and protectable mark are those which are viewed as “distinctive”.
Between the two extremes lie “Suggestive Marks” and “Descriptive Terms”.
Descriptive and generic terms ought to never be utilized as trademarks.
An exertion ought to be made to stay away from use in the trademark of terms which have a particular significance in the pertinent business since such terms tend to make a mark either descriptive or suggestive.
For trademark or trademark registration in New Zealand, the applicant needs to prove the information such as:
- The actual mark you want to use.
- The date you first use used the mark in commerce.
- The date you first shared the mark anywhere.
- Copy of the proof which shows you are using the particular mark in commerce.
- The full official and legal name of the owner of the mark.
Mark can be a picture of your product or a website advertising your services.Kinds of marks are:
It refers to the name, logo, or slogan related to the sale of goods.
- Service Mark
It refers to the name, logo, or slogan related to the services.
The search will help to avoid the duplication of a similar trademark registration in New Zealand.
If you go ahead without search then remember if your application gets rejected the fee will not be refundable by authority
A mark for your logo protects the exact shape, color, orientation, stylization. Moreover, people are much likely to change their logo, not their name.
You cannot rely on the ability of the trademark with the authority as a guarantee that your state will let you use that name as a corporate name.
- Determine whether you are selling goods or services.
- Focused on the finished product to the consumer, not on the ingredients of goods and services.
- Try to be accurate as possible because if you file in the wrong class it may become the reason for the rejection of your application by authority.
- From TrademarkCart’s drop-down menu select the most accurate category.
- Don’t be too narrow or too broad because it might become the reason for the rejection of your application.
- Do not use the phrase such as:
- Such as
- Avoid repeating the broader category name.
- Avoid the terms that fit into multiple categories.
- Try to use simple English.
A company could have a trademark name on goods or services but not have acquired the domain name. The availability of domain name is one of the main parts of comprehensive search which TrademarkCart perform for you to determine the strength of the brand name or slogan.
- When your mark will be registered it will protect it nationwide.
- When your mark will be registered it will protect it nationwide.
- You will receive the right to the exclusive use of the mark nationwide.
- It will stop or restrict other to use your mark.
- You will receive the right to use the symbol of the Registered trademark.
There are few words, symbols, or terms because of which you need to disclaim the part of your trademark are given below:
- Well known symbols
- Compressed compound wording
- Informational words
- Merely descriptive words
- Generic words
- Geographic terms
- Misspellings from telescoped words
- Foreign wording
- Multiple words disclaimer.
It is the most common question we receive from bands and other musicians that what class they can use? You can register for several classes such as:
- Entertainment service
- Sound recording
Each of them will cost $275 as a fee to authority
Trademark is just to identify the source of Goods and services so it does not apply to the single book or story. However, if you have series than you will able to trademark the series. Copyright applies to books or other literary works as it stops people from copying your story.
What do I need to do to protect my mark after it is registered?
Once appropriately enrolled, you should document your first Declaration of Continued Use between the fifth and sixth commemoration date of your filing. Your next renewal will fall between the ninth and tenth year. From that point forward, you need to renew the mark at regular intervals of 10 years.
Rights you have on the off chance that you file on the Supplemental Register
- Utilize the ® image
- Put others on seeing that you are as of now using the mark
- File a trademark encroachment suit in a government court
- Keep others from getting confusingly comparable marks from the authority – even on Principal Register.