New Zealand (NZ)

As Office of a Designated Contracting Party

Request for extension of protection

The Office does not republish notifications of international registration, subsequent designation or renewal; however, the bibliographic data plus lists of goods and services concerned is immediately viewable and searchable on the NZ trade mark register

Examination Procedure

The Office examines under absolute and relative grounds in compliance with Sections 17 through 32 of the Trade Marks Act 2002.
Māori Advisory Committee: all trade mark applications and designations received by IPONZ are assessed to determine whether they contain a Māori sign; and if so are referred to the Māori Trade Mark Advisory Committee for an opinion as to whether the use or registration of the mark is likely to offend Māori. The Committee provides its opinion before the examination of the International Registration designating New Zealand is completed.
More information is available in the IPONZ Practice Guidelines

Opposition Procedure

Notice of opposition must be filed within 3 months from the date of publication in the Journal (extendable up to 3 months)
Sections 17 through Section 32 Trade Marks Act 2002

Time Limit for Responding to Provisional Refusal

A response may be made within 12 months from the date IPONZ was notified of the International Registration. An extension of time to respond may be requested and the length of extension is at the Commissioner’s discretion depending on the reasons required for the extension. If protection of the mark is refused in respect of some goods and services, and no response or extension of time has been requested by the deadline, the mark will be published for the remaining goods and services

Administrative and judicial remedies in case of refusal issued by the Office

Hearings procedure within the Office or an appeal to the High Court of New Zealand

Last updated on: May 15, 2014