Trademark registration in New Zealand consists of submitting an application to the Intellectual Property Office. This allows business owners to distinguish their products, goods, or services, and have a better chance of establishing their brand on the market in which they activate. Those who want to register a trademark in NZ can reach out to the IP Law experts at our law firm in New Zealand.
Table of Contents
The basic steps required to register a trademark in NZ
Distinguishing your business through a unique brand is a good strategy for differentiation. What this means is that you will register a trademark that will be associated only with your business.
The following steps are relevant for those who are interested in trademark registration in New Zealand:
- Trademark availability check: before you start the process, you have to verify if your mark is already in use. A trademark cannot be identical or similar to one that has already been registered in New Zealand;
- Trademark design: your trademark can include: words, letters, numbers, images, sounds, colours, or combinations of these elements. Combined marks are often used. Regardless of how you choose to structure it, you will have to include a stylised representation;
- Filing the application: the application file is submitted to the New Zealand Intellectual Property Office. You will also need to specify the class of goods or services the mark will be used for when you submit your application;
- Receiving the decision: The Office carefully analyses the applications for trademark registration in New Zealand. It can take several months for these to be approved. Our lawyers in New Zealand can give you more information on the examination periods and correspondence with the Office.
After you submit the application to register a trademark in NZ you will receive an acceptance notice. During this time, the application remains public for three months in the Intellectual Property Office’s Journal so that other parties may oppose it if it is too similar or identical to existing marks.
Our attorneys in New Zealand can assist you during this time in the event in which your application is opposed.
Fees for trademark registration in New Zealand
The Intellectual Property Office imposes certain fees for trademark protection applications. While these can be subject to change, our team highlights some of the most important ones below (in NZ dollars):
- $100 for a trademark application (per each class);
- $70 is the reduced fee to register a trademark in NZ (per class). Reduced fees apply to applications that have been already assessed and have received a preliminary advice report;
- $100 to add an additional class to the application. This can be done only on the same date as the initial application and it can also be subject to other terms;
- $850 hearing fee for each party in the case of trademark oppositions;
- $200 for the renewal of a trademark in New Zealand.
In some cases, a refund of the fees above (and others, as they may apply to other items) is available. Our lawyers in New Zealand can give you more information about the refund policy, if you believe that this should apply in your case.
Post-registration considerations
If you followed the steps to register a trademark in NZ and your application was approved, your mark will be protected for ten years. Marks can be renewed every ten years, and the renewal date is the date of the initial filing for protection in most cases.
Trademarks that are not renewed within a 6-month grace period expire.
The experts at our law firm in New Zealand can answer your questions about trademark registration applications and renewal. In addition to IP solutions, our accountants in New Zealand also offer services to business owners who open a company here.
Contact us for more information on how to register a trademark in NZ and for details on our other services.