The short answer
A New Zealand trademark lasts 10 years from the deemed date of registration, which for most applications is the date of the application. Renew within 12 months before and up to 6 months after the expiry date. Anyone can oppose within 3 months of advertisement, and a mark that was not genuinely used in New Zealand for a continuous 3 years can be revoked. Priority is available for 6 months from a first application in a convention country.
Trademark deadlines in New Zealand at a glance
These periods come from the Trade Marks Act 2002, published on the New Zealand Legislation website, and from the Intellectual Property Office of New Zealand (IPONZ) guidance on oppositions. The opposition period itself is set by the Trade Marks Regulations 2003. We re-check every deadline against the current text before we file.
| Question | Answer |
|---|---|
| How long does a registration last? | 10 years from the deemed date of registration, renewable for further 10-year periods (Sections 57 and 58). |
| Which date does the term count from? | The date of the application for most marks, because the deemed date of registration is the date of the application document. For a mark that claims convention priority, it is the date of the earlier convention-country application. |
| When can I renew? | Apply no more than 12 months before the expiry date (Section 59(2)). |
| Is there a grace period? | Yes. You can apply up to 6 months after the expiry date (Section 59(2)). In that time the mark has the status registered-past expiry date (Section 60). |
| What if I miss renewal? | If the registration is still not renewed 6 months after the expiry date, and the Commissioner's notice was sent, the mark is removed from the register (Section 59(6)). |
| Opposition period | 3 months from the date of advertisement in the Journal, with the fee, according to IPONZ and the Regulations. Extensions need a request under regulation 75. |
| Priority claim | Apply within 6 months after the date of the first convention-country application, and the registration date backdates to that application (Section 36). |
| Non-use revocation | A registration can be revoked if at no time during a continuous period of 3 years or more was the mark put to genuine use in New Zealand by the owner for the registered goods or services (Section 66(1)(a)). |
| Assignment | The new owner's title is registered on application, with proof of title (Section 81). |
Who can register a trademark in New Zealand
Any person who claims to be the owner of a trade mark, including a foreign individual or company, can apply to IPONZ. The mark must be capable of distinguishing goods or services and must not fall under the absolute or relative grounds for refusal.
Address for service. The Regulations require an address for service in New Zealand, and foreign owners normally use a New Zealand trade mark attorney. We confirm the current rule before filing.
Trademark registration process in New Zealand
Search
- Search the IPONZ register for identical or similar marks in your classes.
File the application
- File with IPONZ, through your New Zealand attorney if you are abroad.
- Claim convention priority within 6 months of your first filing (Section 36).
Examination
- IPONZ examines the application against the grounds for refusal and issues a report if it has concerns.
Advertisement and opposition
- An accepted application is advertised.
- Anyone can oppose within 3 months by filing a notice of opposition with the fee.
Registration
- If there is no opposition, or it fails, the mark is registered and the term counts from the deemed date of registration.
Official fees are set by regulation and change. We confirm the current IPONZ fee for your classes before we quote.
New Zealand trademark validity and renewal
- The term is 10 years from the deemed date of registration, normally the application date.
- Apply for renewal not more than 12 months before expiry.
- You can still apply up to 6 months after expiry, while the status is registered-past expiry date.
- IPONZ must send a notice before the expiry date if no renewal has been requested.
- If the mark is not renewed 6 months after expiry, it is removed from the register.
During the past-expiry period the mark is not treated as registered for the infringement provisions of the Act. Renew on time.
Assignment, licence and changes to a New Zealand trademark
Assignment
Transfer of a mark
Either the registered owner or the person to whom the mark was assigned can apply to register the new owner's title. On proof of title, the Commissioner registers the new owner and can issue a replacement certificate (Section 81).
Alteration
Changing the mark
A registered mark cannot be altered (Section 77), although the register can be changed in limited ways (Section 78).
Licence
Licensing
Ask us for the current approach to licences. The owner should control quality.
Name or address
Change of the owner's details
Record the change with IPONZ so notices reach the right address.
Revocation and non-use of a New Zealand trademark
Under Section 66, a registration can be revoked if, at no time during a continuous period of 3 years or more, the mark was put to genuine use in the course of trade in New Zealand by the owner for the goods or services it is registered for. It can also be revoked if it has become a common name in general public use through the owner's acts or inactivity, or if it is likely to deceive or confuse the public through its use.
Keep dated proof of use in New Zealand: invoices, shipping records, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in New Zealand
Search the IPONZ trade mark register for applications and registrations, and check the advertisement date, the deemed date of registration and the expiry date. Those dates drive the opposition and renewal clocks.
Sources used
- Trade Marks Act 2002 (NZ), New Zealand Legislation website: Sections 36, 57, 58, 59, 60, 66, 77, 78 and 81.
- IPONZ guidance on opposing registration of a trade mark, for the 3-month opposition period and extensions under the Trade Marks Regulations 2003.
New Zealand trademark FAQ
How long does a trademark last in New Zealand, and from when?
10 years from the deemed date of registration, normally the date of the application (Section 57).
When should I renew a New Zealand trademark, and is there a grace period?
Apply not more than 12 months before expiry and up to 6 months after expiry (Section 59).
What is the opposition period in New Zealand?
3 months from the date of advertisement, according to IPONZ and the Trade Marks Regulations.
How much does it cost to register a trademark in New Zealand?
The official fee is set by regulation and changes. We confirm the current IPONZ fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in New Zealand?
Yes, normally through a New Zealand trade mark attorney who provides the address for service. We confirm the current requirements before filing.
Can I assign a New Zealand trademark?
Yes. Apply to register the new owner's title with proof of title (Section 81).
What happens if I miss the renewal date?
For up to 6 months the mark has the status registered-past expiry date and you can still renew. After that it is removed from the register (Sections 59 and 60).
Can a New Zealand trademark be revoked for non-use?
Yes, after a continuous period of 3 years or more without genuine use in New Zealand (Section 66(1)(a)).
Can I claim priority from my home country?
Yes, if you apply within 6 months after your first convention-country application (Section 36).
How can I check a trademark in New Zealand?
Use the IPONZ trade mark register and check the advertisement and expiry dates.
Protect your brand in New Zealand
SUPREMEiP® files trademarks worldwide through its network and checks every New Zealand deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
