According to the Trademark Law in New Zealand, a trademark could include words, names, numerals, colours, logos, shapes, sounds, smells or any combination of these. The definition of trademark is “open”, namely may include other signs that are not specifically listed above.
- One application can cover more classes of goods and/or services.
- The trademark law in force in New Zealand provides that a Commission must examine a trademark application in order to determine whether it complies with the requirements of the law.
- The Commission must verify that all fees have been paid and that there are not absolute or relative grounds for not registering the trademark.
- Where the Examiner considers that an application does not comply with the requirement of the law, the applicant receive a report of refusal and has a time to respond.
- If no refusal is issued (or if the refusal is overcome) the application is accepted and the notice of acceptance will indicate the date on which the application will be advertised.
- From the date of publication any person has three months to file an opposition.
- If registration of the trademark is not opposed or if the opposition is overcome or withdrawn, the trademark will proceed to registration.
- The term of duration of the registered mark shall be ten years from the registration date and can be renewed indefinitely, each time for ten years.
- With regard to the use, a trademark registration can be cancelled if it has not been used in New Zealand for three years.