Each company owner periodically encounters administrative challenges on their nation’s soil, but extending operations to other states is far more challenging. To register a trademark in New Zealand, you must have legal expertise dealing with the local jurisdiction if your company’s legal department assists you in dealing with it.
The Trade Marks Act 2002 in New Zealand serves as the country’s current trademark law.
The principles of “common law” are relevant. Registration is required to acquire trademark protection. Additionally, it may be obtained with enough public exposure. It can be expensive and challenging to enforce a non-registered trademark; thus, official registration is advised.
An application for a trademark must be submitted to the New Zealand Government Agency. When applying, the New Zealand Government Agency must be informed of a legal address for service in New Zealand. Foreign candidates are not required to register domestically.
Trademark registration Procedure in New Zealand
A formal assessment, a uniqueness test, and a search for previous trademarks are all included in the application procedure. The New Zealand Government Agency for Trademarks issues an office action in around 2-4 weeks. However, it takes a minimum of 6 months from filing to final registration. The acceptance of the trademark is published in the monthly “Official Journal of Trademarks” after inspection, provided the trademark is granted, to give third parties the chance to object if they think the trademark registration will negatively impact them. The opposition period is 3 months after publication in the “Official Journal of Trade Marks”.
Trademark Validity
There is no official grant fee stipulated. The registration is valid for 10 years from the priority or filing date. Within a year of its expiration, a trademark registration may be renewed for additional 10 years in a row. After the expiration date, you have six months to pay the renewal payments in full. The fee is not applied in the event of late payment.
Requirement of Use
The trademark may be invalidated if it has not been used for 3 years after registration.