A New Zealand trademark is a mark that is registered with the IPONZ (New Zealand Intellectual Property Office) and has full legal rights and protection within the boundaries of New Zealand. A mark that is registered in New Zealand need not be confined to that country solely; it can also seek registration rights in any other country permitting provided all necessary standards are met.
How to register a New Zealand Trademark
Trademark owners domiciled in New Zealand that wish to register their mark in other countries must first register with the IPONZ and meet all New Zealand intellectual property requirements. To ensure that you meet all necessary standards it is advised that you seek assistance from a professional consultancy firm that are familiar with New Zealand trademark law and the requirements set by the IPONZ.
A New Zealand mark must be capable of graphical representation through the use of words, colours, letters, shapes, smells, sounds and designs. Additional requirements include;
- Available and unique
- Distinguishable against other marks
- Not cause offence to the public or be immoral in any way
- Not cause confusion to the general public
New Zealand adopts the Trademarks Act 2002 to regulate usage and implement a legal framework for intellectual property owners to follow. Under the Trademarks Act 2002, it is required that registered rights are renewed after a period of 10 years from the initial date of registration in New Zealand.
Additionally, the Trademarks Act 2002, provides owners with protection against mark infringement and cases of passing off, giving them a number of available remedies to seek and compensation for damages.
View our New Zealand Trademark services page to learn how to get started.