When trademark applicants file their trademark application, they should know how the trademark application is processed in New Zealand. This can help their application to be accepted and to have a better chance to be granted for protection certificate. Hence, what is procedure of trademark registration in New Zealand?
Step 1: Trademark search
Before filing a trademark application to the Trademark Office, a private pre – filing search is recommended. Although official search does not always cover prior unregistered rights, it brings some benefits for owner’s trademark such as: save time, effort and state fee for application.
From that the holder can assess the ability of registering their trademark and decide whether they do file application or not in New Zealand.
Step 2: Filing trademark in New Zealand
After searching the trademark and having capacity of the distinctiveness, the applicant can proceed to file their trademark application to the Trademark Office in New Zealand.
Time frame of registering Trademark is often from 7 to 8 months approximately.
There are some points that applicant need to pay attention.
If the applicant is not domiciled in this jurisdiction, he must provide local address for services; having more than a joint applicant is permitted in this jurisdiction.
The filing particulars of application are online available, which requires following information: name and address of applicant, state or country of incorporation, description of trademark, representation of trademark, lists of goods/services, statement of intention to use, official filing fee.
After filing the application, the application will be examined about formalities, classification, clarity, descriptiveness, distinctiveness, deceptiveness, conflict with prior registration, prior – filed application and not be made in bad faith. Therefore, if succeeding, the holder shall be granted the protection certificate for their trademark.
In conclusion, the procedure of trademark registration above is for you for reference, when they want to file their trademark application in New Zealand.