Our consultancy for New Zealand trademarks are offered to a worldwide audience and our international presence allows us to perform effective searches and registrations with ease and professionalism. Starting Business consultants are highly experienced in all areas of New Zealand trademark law and will advise you on the most suitable solutions to meet your specific needs.
The New Zealand Intellectual Property Office (IPONZ) is the registry placed with full responsibility for issuing all forms of Intellectual Property rights throughout New Zealand. The registry approves or rejects New Zealand trademark applications for registration and on approval will register the mark. The IPONZ registry operates under the Ministry of Economic Development in New Zealand.
A New Zealand trademark is required to be a form of brand of logo used to represent or identify particular goods or services. The mark must be unique and available in New Zealand while also being capable of graphical representation. Typically a trademark will be in the form of words, colours, shapes, smells, sounds, designs or a combination thereof. Further information is provided on the definition of a trademark under section 5 of the Trademarks Act 2002.
The validity period of a New Zealand trademark is 10 years. It is important to use the mark in compliance with the Trademarks Act 2002 so there are no grounds for removing the trademark or preventing renewal. Renewal can be done every 10 years on expiry of the mark, for an indefinite period of time.
The Trademarks Act 2002 is the legislation used to regulate and protect registered trademarks in New Zealand. Under this act, no mark shall be registered where it is the same of similar to another recognized mark in New Zealand, nor can it be registered where it is likely to cause offensive or confusion to the public.
The Act provides protection against the infringement of rights where third parties have used the mark or a similar mark without authority and thus causing harm to a trademark owner. Where cases of infringement occur, the act provides sanctions and remedies, typically in the form of damages as compensation.
It is important to ensure your trademark has not derived from a Maori sign. Where a New Zealand mark appears to be similar or derivative of a Maori sign, the Maori Trademarks Advisory Committee are notified of the application. Should the Maori Committee believe the application for the New Zealand trademark will cause harm to a Maori trademark, the mark will not be authorized registration.
Starting Business can provide comprehensive consultation for your New Zealand trademark registration, from assisting you with the initial search to administering the relevant documentation. We are experienced in all aspects of New Zealand trademarks from design to ensuring the successful renewal.
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