To find pre-approved terms for your specification use our Trade Mark Specification Builder. Your trade mark application fee is based on how many classes are included in your specification. There are 34 classes for goods and 11 for services. Your specification must include which classes your goods or services fall into. There are over 60,000 pre-approved terms to choose from. A reduced application fee is available if your specification uses only pre-approved goods and services terms. This list is called your specification of goods and services. Your trade mark application must include a list of the goods and services that you want to use your trade mark for. If you’re unsure about who should own the trade mark you’re applying for, it’s a good idea to seek legal advice from a business advisor or attorney specialising in trade marks. other legal entities, such as an incorporated society.ĭetermining who owns a trade mark is an important decision and, while you can always transfer ownership later, it’s a lot easier if you get it right from the start.For example, you should update your contact details with us as needed, and trade mark registration can be renewed every 10 years. Make sure you have a plan for who will look after it. These are a combination of a word and image (or words in a stylised form), for example:Ī trade mark can become a valuable asset, and you need to manage it like any other property right. Note that trade marks containing some words may not be able to be registered - or only with permission of a third party. More information about S&PA and application fees can be found on our Trade Mark Fees page. In order for the discount to apply, your application must be based on your S&PA request and the details must be exactly the same as what we have assessed. If you file a trade mark application within three months of the date your S&PA report was issued, your fee will be reduced. If you're not sure if your trade mark is unique enough, or are otherwise unfamiliar with the trade mark registration process, we recommend applying for a search and preliminary advice (S&PA) report before applying to register your trade mark.Īn S&PA report will provide you with an assessment of whether your trade mark is likely to comply with two important areas under the Trade Marks Act 2002 (The Act).Īfter you receive the S&PA report you can decide if you’d like to stop, change, or proceed with your application. Checking the international trade mark register to see if anyone has already applied for your trade mark in New Zealand, even if it hasn’t been notified on the New Zealand register yet.įor more information on the use of a trade mark in relation to specific goods or services, see Classifying your goods and/or services.Searching the internet with a search engine such as Google.Enter the word you’re interested in and view the results of availability for company names, domains and social media usernames. You can also check if others may be using a word or slogan by: If you want to search for trade mark cases by case number, owner, or date, use our Trade Mark Case Search. Is your trade mark already on the register?īefore applying, use Trade Mark Check to see if a trade mark like yours already exists on the New Zealand trade marks register. The best trade marks are unique and distinctive, or used in relation to different goods or services so they won't be confused with similar trade marks. This makes it important to check whether or not the same or a similar trade mark is already on the register or in use. Your application to register a trade mark may run into problems if your intended mark is already applied for, registered, in use or is ‘confusingly similar’ to an existing trade mark. We recommend preparing thoroughly before submitting your application. Once your trade mark application is assessed, the examination fee is non-refundable.
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