New Zealand Trade Mark Registration

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New Zealand Trade Mark Application Process

The Intellectual Property Office of New Zealand (IPONZ) is the governing body responsible for registering intellectual property rights in New Zealand.

Registering your trade mark in New Zealand is a relatively straightforward process.

Once a trade mark application has been filed in New Zealand, it will be placed in the queue to be officially examined. Examination usually occurs in about 3-6 weeks.

If you receive the notice of acceptance, your trade mark application is advertised in the Trade Marks Journal and open for a period of 3 months, which allows third parties the opportunity to oppose to the mark if they have grounds to oppose to the registration.

The earliest your New Zealand trade mark can be registered is 6 months after the filing date.

Why You Need a Registered Trade Mark in New Zealand

As an Australian company, you may wish to expand to another country. The close geographic proximity and similar cultures to New Zealand makes it a worthwhile option.

If you’re trading or intend to trade in New Zealand, you should look to obtain registered protection for your trade mark in New Zealand. If you’ve already registered a trade mark in Australia, it’s important to know that it only protects your brand in Australia.

Even though New Zealand isn’t far away, you still need to seek protection in this jurisdiction as well.

During the application process, your trade mark may be approved straight away or an objection could be raised against your trade mark. If you’ve received an examination report (also called Compliance Report), or if someone has opposed to your mark proceeding to registration, it’s best to speak with a lawyer to progress your application.

Commercial legal documents sydneyThe team of trade mark lawyers at Progressive Legal are trained to provide advice and representation on a wide range of legal issues that often arise when filing trade mark applications.

New Zealand Trade Mark Registration Video

Is it easy to register a trade mark in New Zealand?

New Zealand Trade Mark Registration FAQs

How much does it cost to register a trade mark in New Zealand?

For a trade mark application in New Zealand, we charge a fixed fee of AUD950 + GST + Government charges. Our fee is for up to 3 classes. Our registration fee is $350 + GST per application.

The Government charges are NZD100 per class per application.

Can I register a trade mark myself or do I need to hire a lawyer?

Yes, you can register a trade mark yourself in New Zealand, but it is recommended that you seek professional advice from a trade mark attorney or an intellectual property lawyer to ensure that your application meets all the requirements and is properly prepared and filed.

Trade mark registration is a legal process that involves various complexities, including the assessment of the distinctiveness of your trade mark, the classification of your goods and services, and the drafting of appropriate specifications. A trade mark attorney or a lawyer with experience in trade mark law can guide you through these aspects of the registration process, and provide valuable advice on how to protect and enforce your trade mark rights.

What should I do if someone infringes on my trade mark rights in New Zealand?

If someone infringes on your trade mark rights in New Zealand, there are several steps you can take to protect your rights and enforce your trade mark:

  1. Preserve the evidence: If you suspect that someone is infringing on your trade mark rights in New Zealand, it is essential to preserve evidence of the infringement. This could include taking screenshots of the infringing materials, collecting physical evidence, or gathering witness statements.
  2. Seek legal advice: The next step is to seek legal advice from a trade mark attorney or a lawyer experienced in intellectual property law. They can review the evidence you have gathered and provide guidance on the best course of action.
  3. Cease and desist letter: Based on the advice of your lawyer, the next step might be to send cease and desist letter to the infringing party, formally notifying them of your trade mark rights and requesting that they cease infringing activities.
  4. File a complaint with the Intellectual Property Office of New Zealand (IPONZ): If the infringing party does not comply with your cease and desist letter, you may file a complaint with IPONZ.
  5. File a lawsuit: As a last resort, you may need to take legal action and file a lawsuit in the New Zealand courts. Your lawyer can assist you with this process and represent you in court.

“Progressive legal were fantastic to work with, especially without having any experience prior. They made everything feel so easy, attainable and super quick. Highly recommend”

Georgie Amad, Linden Cook

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New Zealand Trade Mark Registration

If you need to register your trade mark in New Zealand now, please get in touch with us today via phone or the contact form on this page.