HOW TO REGISTER A TRADEMARK IN NEW ZEALAND

MEMO ON TRADEMARK REGISTRATION IN NEW ZEALAND

I.             REQUIREMENT DOCUMENTS

a.       The trademark details and clear copy of the mark, logo to proceed with the application.

b.       Information of applicant, author

c.       Detail of priority filing (if any)

NOTE:

–          If priority is claimed, a certified copy of the Priority Document is not required unless requested by the Commissioner.

–          A Power of Attorney is not necessary for trademark registration in New Zealand.

II.            GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE

The approximate time from application to registration (for a regular prosecution, without opposition) takes a minimum of 6 months, assuming that no Office Action is needed.

III.         VALIDITY TERM

The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.

For the renewal of a trademark registration, an application for the renewal should be filed within 12 months prior to the expiration date. If the trade mark registration isn’t renewed by the due date, the status will be changed to ‘Registered – past expiry date’. The registration may be restored if the renewal fee is paid within the 6-month grace period following the due date.

If the renewal fee is not paid by the expiry of the 6-month grace period, the trade mark registration will expire and may no longer be restored.

IV.    PROCEDURE

1.         Examination

The examination process includes formal examination, examination of distinctiveness and a search for similar trademarks. Within 15 working days of receiving the application, the application will be examined to make sure it complies with all the legislative requirements.

If your mark complies with all the requirements of the Act and regulations, your trade mark will be accepted.

However, if the IP Office have concerns regarding application, a compliance report will be issued outlining the objections to give the applicant the opportunity to respond. If further responses don’t overcome the objections, trademark will either lapse or if the examiner consider the objections can’t be overcome, the IP Office will consider rejecting the application.

2.         Publication

Upon successful examination, the trademark application will be published in the monthly “New Zealand Intellectual Property Office Journal.”

Opposition to registration of a trademark application in New Zealand may be filed within three months from the date of publication.

3.         Registration

After the trade mark application has been accepted and published for opposition purposes, the trademark will be registered (provided that an opposition has not been filed) three months from the Journal publication date, or six months after the filing date of the application, whichever is later.

In case you require more information or require advice on trademark in Vietnam, New Zealand as well as other IP matters, please do not hesitate to contact us via:

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ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com/vi