The current trademark regulations in New Zealand are mainly based on the Trademark Act promulgated on December 4, 2002. The New Zealand Intellectual Property Office is responsible for managing trademark affairs and the official language is English. Trademark exclusive rights need to be obtained through use. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. New Zealand trademark registration follows the principle of 'use first'.
New Zealand is a signatory to international intellectual property treaties such as the Paris Convention, the Singapore Treaty, and the Nice Agreement, and is a member of the Madrid Protocol. Therefore, trademark registration can be handled through either "single country registration" or "Madrid international registration".
Currently, New Zealand adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in New Zealand include: text, name, graphics, slogan, color combination, sound, scent, dynamic image, hologram, etc.
If the applicant does not reside in New Zealand, they can entrust a specialized agent in their home country to handle the application, or submit the application directly to the New Zealand Intellectual Property Office, but must provide a local address in New Zealand. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4.If priority is declared, the country of priority, application number, and application date must be provided; If there is a prior trademark during the examination process, the examiner may request priority proof documents and corresponding English translations.
The main process for applying for registration of a trademark in New Zealand is: application acceptance examination announcement approval issuance. The application will be accepted 1-2 days after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement.
Three months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Prior to conflicts of other rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in New Zealand takes about 7 months; If things don't go smoothly and there are objections or rejections along the way, the time will be extended and may take 1-2 years.
A trademark registered in New Zealand is valid for 10 years from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 12 months; The renewal is valid for 10 years.