New Zealand follows the "first to use" rule. In other news, the New Zealand Intellectual Property Office (IPONZ) has announced reduced fees relating to pre-filing search and advice provided by IPONZ and the filing and renewing of New Zealand trade marks, which will apply after 13 February 2020. This means that there is no one process to extent your Australian trade mark to other countries. As a result, the applicant's trade mark is to proceed to registration in New Zealand, as it has done in Australia. In New Zealand, the Trade Marks Act 2002 permits a wide array of public solutions to recompense registered trademark companies for damage on account of trademark infringement. Brief summary is based on the information provided by PIPERS on 15.01.2020 There are two methods for registering a trade mark in New Zealand when you already own one in Australia. Once all the necessary steps have successfully been completed and your trademark is registered - only then can you use the registered trademark … Air New Zealand has applied to trademark its 'Kia Ora' logo, which is used on the front of the airline's inflight Kia Ora magazine. You can search for a word, logo or image. When you register your trade mark, you’ll be able to: 1. Trademark registration services in New Zealand. Our professional trademark attorney in New Zealand will prepare and file your trademark for registration in the country. However, registering your New Zealand trademark allows you to take legal action against anyone who uses your … Dairyworks New Zealand is a Trademark by Dairyworks Limited, the address on file for this trademark is 719 Halswell Junction Road, Islington; Christchurch 8042, Legal trademark definition. Step 3: New Zealand Trademark registration certificate Our attorneys will file and process your trademark application with New Zealand Trademark Office. New Zealand Trademarks. These reduced fees are set out in the following table. Changes to the New Zealand Trade Marks Act 2002 will come into force on 13 January 2020. Having found that both trade marks covered the same types of goods and were similar, the Assistant Commissioner turned to the question of whether the applicant’s trade mark was likely to deceive or confuse. However, it is an optional procedure for filing the trademark application. 1. If you use your trademark in the country, it will be protected in some degree. New Zealand Trademark Registration. Trade mark revocation for non-use: Australia and New Zealand compared. Check if the name is already used in New Zealand using ONECheck. If objections are raised by the examiner (due to the nature of the trade mark itself or conflicting trade marks on the Register) these objections must be resolved within a twelve-month period in order for the application to proceed to acceptance. New Zealand . Air Nz is a Trademark by Air New Zealand Limited, the address on file for this trademark is 185 Fanshawe Street, Auckland Central; Auckland 1010, Direct Application in New Zealand The stylised Kiwi trademark is available for and used by licence holders of the Buy New Zealand Made Campaign. Trade mark owners should be aware of these changes and consider their options to meet the new renewal requirements and to take advantage of the clarified law. That at no time during a continuous period of 3 years or more was the trade mark put to genuine use in the course of trade in New Zealand, by the owner for the time being, in relation to goods or services in respect of which it is registered. new zealand trademark registration The most distinctive feature of our Group is that we have offices in China, Macau, Singapore, Taiwan, New Zealand and Australia. You can search the internet using a search engine. These changes, which came into effect on 13 January 2020, are summarised below. Pipers is a specialist Patent and Trade Mark Attorney firm with offices in New Zealand and Australia. Through our one-stop service, your application does not need "referral", unlike what normal agents do. This is a small price to pay for peace of mind that your trademark is protected in New Zealand. Examples of packaging shapes that have been granted trade mark protection in New Zealand in this way include Toblerone chocolate bar and Hershey's Kiss. Your trademark could include words, colours, logos, shapes, sounds, smells or any combination of these. In New Zealand, a trademark application must be submitted to the Intellectual Property Office of New Zealand (IPONZ) to be examined and approved by them. As soon as your trademark is filed, we will send you a filing report that will include the application number and date, plus a scanned copy of the filed trademark application. Our licensed Trademark Attorneys in New Zealand will handle your trademark request, check all formalities, and then file with the New Zealand Intellectual Property Office (IPONZ). Finally, like Australia, it is possible to record registered New Zealand trade marks with New Zealand Customs in order to arrange border protection for your trade marks. Welcome to the DCC kete (basket) of recent New Zealand trade mark cases, and other developments in kiwi trade mark law and practice. … Trademark Search Before applying for a trademark in New Zealand, you might want to conduct a search to find out if there are any identical or similar trademarks on the Trademark Register. The process starts with a Trademark Search Report and ends once you have your received your Registration Certificate. Time frame: 5 – 7 working days Under New Zealand law, the onus is on the applicant to disprove any likely confusion and not on the opponent to prove it. Forging or brand piracy is a criminal offence in a lot of countries and in New Zealand may entail a sentence of 5 years in prison or a fine of NZ$150,000. New Zealand trade mark applications are examined by the Trade Marks Office within approximately 15 working days of the date of application. The domestic laws of each country govern trade marks. In New Zealand, Section 5 of the Trade Marks Act defines a trade mark as: … any sign capable of: i. The trademark procedure in New Zealand shall take about 12-13 months counted from the filing date. The trademark search in New Zealand shall be available within 5-7 days . Most often, a trademark is an image or word(s). "Air New Zealand has shown that the trademark issue needs to be high on the Government's agenda. As a registered trademark, it has a strict set of rules (Code of Practice) governing how it can be used. About the Kiwi Trademark. New Zealand’s trademark industry has come under the spotlight recently, with the IP Office of New Zealand (IPONZ) launching a consultation on the possible introduction of geographical indications in the country, after the government began formal negotiations on a free trade agreement with the European Union in June 2018. Registration is not necessary to secure ownership to a trademark. New Zealand’s official/government trademark application and registration fee is NZ$150 per class of goods/services to register your trademark. Ngāi Tahu, along with many other iwi, also face challenges navigating the trademark law,'' she said. Post navigation Results will show availability for company names, domains and social media usernames. You can search online using the Trade Mark Check at IPONZ to see if a similar trade mark already exists. You will receive confirmation of filing and a copy of the filing request. However, in case of office action, the time procedure could be longer. New Zealand is a “first to use” country. This entry was posted in . Step 2: Trademark filing in New Zealand . An attorney will file your trademark application in New Zealand and will carry out all necessary tasks before the Trademark Office in order to obtain registration approval. New Zealand is a "first to use" country. In New Zealand, there is a requirement to file a "Customs Authorisation" and a "Security under the Trade Marks Act 2002" form, together with a security bond of NZ$5,000. The trademark signifies that a product or service is New Zealand Made according to the rules of the Fair Trading Act. In New Zealand, for the purposes of trademark registration, a Maori word is taken to mean the same as its English translation, irrespective of whether the trademark owner either knew or understood the Maori meaning of the word. In this issue: In a somewhat surprising decision, in late July the Court of Appeal of New Zealand held that the trade mark … It means your unregistered trademark will be protected in some degree if your trademark is used in the country. To avoid collisions between your trademark registration in New Zealand and older trademarks we recommend to conduct a trademark search in New Zealand which must be ordered separately. Trade mark owners should be aware of recent amendments to the New Zealand Trade Marks Act 2002 (TM Act), introduced under the Regulatory Systems (Economic Development) Amendment (No.2) Act. Fee Changes to New Zealand Trade Marks. Note; Online Search databases: New Zealand trademark, International Trademarks. For foreign applicants, it is necessary to perform trademark prosecution in New Zealand using an agent - a registered New Zealand and Australian trademark attorney. The Assistant Commissioner again found in the applicant's favour on the basis that the stylised B device within the applicant's trade mark rendered that trade mark sufficiently distinctive to qualify for registration. Renewal Grace Period The grace period to renew a New Zealand trade mark registration after […] New Zealand producers of Manuka honey are fighting to be the only ones to sell it, reports The New York Times.Producers have applied for trademarks in New Zealand, Britain, the E.U., the U.S., and China, hoping to stop other countries, specifically, Australia, from selling what New Zealanders believe is an “inferior product.” Prior use is enough to establish rights. The Intellectual Property Office of New Zealand (IPONZ) is a New Zealand government agency responsible for the granting and registration of intellectual property rights, specifically patent, trade mark, design and plant variety rights. Bookmark the permalink. 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