For legal advice we recommend that you contact a patent attorney or lawyer who is familiar with intellectual property law. Before filing your trademark in New Zealand, it is important that you evaluate possible obstacles that may arise during the registration process. You’ll be told if your trade mark is registrable under the two sections covered by the search and preliminary advice report. The Title field takes a range of search operators and wildcards (see below) and is not case-sensitive. This option lets you upload an image from your computer or mobile device. You'll need to log in to view the report. These will include both of the following: After receiving the report from us, you can then decide whether you’d like to stop, change or proceed with your trade mark application. Prices. Trademark search in New Zealand. The search engine treats all punctuation characters as a single space unless the “ “ quotation mark operators are used. What is the web address of the trademark national office? MacMillan Trademarks will undertake this search for you, and provide a concise report of any risks your application may face and how they can best be avoided. We've supplemented the Vienna Descriptors by adding descriptors that are specific to New Zealand, for example native flora and fauna. Then, the Trademark Office will review the trademark itself and check: Archives New Zealand has a collection of historic patent, trade mark and design documents sourced from the New Zealand government: Archives New Zealand National Office and Regional Reading Rooms; Archives New Zealand Archway search engine. Category 53: New Zealand-specific elements: Intellectual Property Office of New Zealand, World Intellectual Property Organisation (WIPO) website, Practice guideline 6.2: Conflicting class table, WHO - International non-proprietary names (INN). Search and preliminary advice reports provide you with an initial assessment of whether your desired trade mark is likely to comply with two important areas examined under the Trade Marks Act 2002. If your trademark is available, our Australian attorneys will file and process your trademark registration in Australia. You can limit your search to Live Status cases to find only marks that may be cited as having priority against a new application. Every trade mark on the New Zealand register that contains a stylised element has been assigned a relevant “Vienna Descriptor”. Papua New Guinea Trademark Registration. To apply for a search and/or preliminary advice report: We'll produce the report within five working days, and send you an email notification when it's ready. You can show or hide columns in your search results by clicking the Show/Hide columns dropdown menu. You can show or hide these sections by clicking on the headings. IPONZ maintains two tools for searching the New Zealand trade marks register. Tonga Trademark Registration. Apply for a trademark. Note: A search and preliminary advice report will only provide you with advice for the trade mark as represented, and only for the specified goods and services as listed and paid for. For foreign applicants, it is necessary to perform trademark prosecution in New Zealand using an agent - a registered New Zealand and Australian trademark attorney. Select the underlined case number to display the details of a case. Does having a registered trademark in New Zealand give me any right? There are two search options: This option lets you enter a word or slogan that is between 3 and 50 characters in length. 2020-10-01 Data from India available Close to 2 million records added Make sure you've entered all your details correctly. In 2015, two-way trade in goods and services between Australia and New Zealand was valued at A$24.4 billion. Can a Trademark Application be opposed? The list below can help you identify the nature of the mark and a suitable method of representation: Note: A plain word mark is generally seen as preferable, because it protects your business name or brand no matter how the words are presented, whereas a logo only protects the words in their stylised form. This is because APPLE does not distinguish the goods of one trader from another, as it is a generic name for a particular type of fruit. However, it is an optional procedure for filing the trademark application. See all 15 articles General Info . Trademark Search Before applying for a trademark in New Zealand, you might want to conduct a search to find out if there are any identical or similar trademarks on the Trademark Register. Therefore, just because you have a registered trade mark in New Zealand it does not mean you can sell your products overseas using your trade mark – your trade mark might be owned by someone else in another country. The Vienna Classification system is a numbering system developed by the World Intellectual Property Organization (WIPO) to describe images or stylised features that make up trade marks. If you're applying for a business or for someone else, then have these name and address details ready. Therefore, you may wish to consider searching for similar classes as well. Note; Online Search databases: New Zealand trademark, International Trademarks. The use of certain signs is restricted under a variety of laws and statues including the New Zealand Trade Marks Act 2002. If you know the title of the case you're looking for, or if you’re looking for cases with similar titles, use the Title field. If you have some knowledge about trademark registration, you can search using our Trademark Search engine. If your mark has a special font, layout, image or colour (eg a business logo), make sure you have a suitable image to accompany your application. However each document has a maximum file size of 21MB per document. The term BUDGET SUPERMARKET for retail services in relation to food and household items is unlikely to distinguish one particular trader from any other in that trade channel. The classification constitutes a hierarchical system that proceeds from the general to the particular. For example, a colloquial or generic term that has been commonly used to describe a characteristic of the goods or services may not be registrable. ... New Zealand Trademark Registration. For example, for the mark 日本語, a transliteration of the Japanese characters is NIHONGO, and the translation into English is `Japanese’. New Zealand has a population of around 4.7 million, is Australia’s sixth largest trading partner and Australia’s third most important destination for Australian investment abroad. United States Trademarks Office search … Logged in users can also search for specific cases for which they wish to maintain. Trade Mark Check has been designed with tooltips and help information to guide users through the searching process. Search existing trade marks How to check if a trade mark or logo like yours is already on the New Zealand Register. If you’re a business, distinguishing your goods or services from others gives you a competitive edge. Therefore, you may need to perform two searches to find relevant foreign character marks on the register - one including foreign characters in the Title field, and one including the appropriate Vienna Classification Code. Free preliminary searching. (GOOD AND SHOT) AND (HAT OR CITY) will return GOOD SHOT CITY and GOOD SHOT HAT. If your mark contains foreign words or characters, you should enter a translation and/or transliteration of the words or characters. Marks that simply describe the goods or services or characteristics of goods or services to which they relate will also often not be distinctive. Marks containing foreign characters, eg Chinese or Japanese characters, may have a combination of Title and/or Vienna Descriptor coding. This website is useful to determine what New Zealand trade marks are on the register. New Zealand trademark search The first step to take in registering your trademark is to undertake a comprehensive search to determine if there are any conflicts with your proposed trademark. All graphical representations of a sign can, in principle, be a trade mark within the meaning of the law, for example words, combinations of letters, numbers, graphic images, three-dimensional forms, slogans, combinations of these elements, or even sound trade marks, which are made up of a sequence of notes. What are the types of trademark that can be registered in New Zealand? Trade Mark Check will then search for any trade marks on the register that resemble the word or slogan you have entered. You will also need to list the class or classes that the goods or services fall in. The term could be used by many traders in describing the nature of their business, and as a consequence the ordinary shopper would not associate the term with any one trader. If your document is larger, you’ll need to upload it as multiple files. HAT OR CITY will return HAT WORLD and CITY BUS. Our classification search tool helps you describe your goods and services and classify your mark. This is referred to as the classification of your goods or services. Perform a trademark search by text or image in brand data from multiple national and international sources, including trademarks, appellations of origin and official emblems. View all our trademark vacancies now with new jobs added daily! If you're the applicant, you'll need to supply your name and address details. If you want a search and preliminary advice in more than one class, there is a fee for each class. This will help you decide whether you want to: If we tell you your mark is not distinctive enough for registration, you could consider requesting another search and preliminary advice for a stylised logo version of your desired mark. In this phase, the Trademark Office will review your trademark application and check if all formalities are accurate and complete. Searches using Vienna descriptors can be conducted using the AND, OR and AND NOT operators. No. If you file a formal trade mark application within 3 months of filing your S&PA request, and the details of that application are exactly the same as what we have assessed, then your trade mark application fee will be reduced. If not, we recommend hiring a trademark attorney or trademark service like Marcaria.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time. Registration of a trademark in New Zealand is available to individuals and legal entities. Benchmark. Find your ideal job at SEEK with 105 trademark jobs found in All New Zealand. Searches of the New Zealand Trade Marks Register for one trade mark would be $500 and including searches for unregistered rights would be $800. The term could be used by many traders in describing the nature of their business, and as a consequence the ordinary shopper would not associate the term with any one trader. Fill out a simple online form in this link; A Trademark Account Manager will contact you within 24 hours; Prepare the necessary documents ; The trademark will be filed within 5 business day; We will keep you posted on the progress & inform you when the trademark registers; Any questions? The term BUDGET SUPERMARKET for retail services in relation to food and household items is unlikely to distinguish one particular trader from any other in that trade channel. To save your display preferences click Save Display Settings. Trade mark classification tool Common Contact Centre Database. Before you request a search and preliminary advice (S&PA) report, you can use Trade Mark Check to see if trade marks like yours already exist on the NZ Register. For example, to find trade mark cases including class 42 under Nice Schedule 8, which may contain legal services and related services. You can save different display preferences for searching different IP case types. It’s called the Madrid Protocol, and enables you to access over 90 countries with one application. Trademark Search in NEW ZEALAND It is highly advisable to conduct a search prior to filing of the trademarks so as to identify similar and /or identical marks to those of the applicant marks. File your New Zealand or Australian trademark ONLINE with TMJAM. While these marks are not on the live register, they are of interest as they may be cited as having priority over later filed marks if a request for Continued Processing is accepted. You can search by important case dates and convention priority details in the Date Search section. A trademark in Colombia may be cancelled if the owner of a trademark has not been using the said trademark within three consecutive years following its registration. Request a report of your search results in PDF or XLS by clicking Get Result List and entering your email address. However, APPLE® is distinctive in relation to computers. Fields on the search screen are divided into conceptually similar groups with distinct headings, eg date fields are grouped under the Date Search heading. Trade Mark Check allows you to easily check for marks like yours on the register. You can save your display preferences if you are logged in. You will need to supply the following information to make sure you receive an accurate assessment in your search and preliminary advice report: Prepare a clear description of your trade mark. Correct classification is important, because a single application for a search and preliminary advice can only cover one class of goods or services. If your application is filed within 3 months of your S&PA request, and the details are exactly the same as what we have assessed, then your application fee will be reduced. It's also important to remember that though a similar or identical mark may be filed in a different class, the goods or services may still be similar. Free trademark search tool in Australia. The registration of these types of trade marks (and signs that are confusingly similar) is restricted. File your trade mark online now! Use ONECheck to see if you can use a name for a business or brand. See more information about classifying your goods and/or services. Trade Mark Check allows you to easily check for marks like yours on the register. For more information about S&PA request fees and trade mark application fees, please visit our Trade Mark Fees page. describe your goods and services and classify your mark. Free Australian patent search, trade mark search, design search in Australia and New Zealand. Search by Trademark Name, Number or Applicant With the smart searching and image recognition features you can upload a logo or image to search against trade marks on the register. Trademark search must be satisfied before filing a trademark application to find likely disputes with existing trademark applications or registered trademarks. A logo with a reasonable amount of stylisation has a better chance of being seen as more distinctive, and therefore more eligible for registration. Using OR between terms will return cases that contain either term. plast*c OR plast*k OR pla?st*c* OR pl?st*q*, (plast* pla?st*) AND (*coat* *koat* *cot* *kot*), (*l?rnin* *learn*) AND ( *m?d?a* *me?d?a* *m?ed?a*), *mil?n*m* OR *mill?n*m* OR *myl?n*m* OR *myll?n*m*, (*eco* *ecko* *ecco* *echo* *ekko*) AND (*kiwi* *k*w*), A (for Titles including a single letter “A”), 8.1 Bakers’ Products, Pastry, Confectionery, Chocolate, 8.1.19 Chocolate, confectionary (including chewing gum), 8.1.22 Squares of chocolate, pralines, fondants or other unwrapped sweets, Official emblems and hallmarks of states and intergovernmental organisations, Geographical names registered in respect of certain goods, International non-proprietary pharmaceutical names, Generic names for pesticides and agricultural chemicals, Category 1: Celestial Bodies, Natural Phenomena, Geographical Maps, Category 4: Supernatural, Fabulous, Fantastic or Unidentifiable Beings, Category 7: Constructions, Structures for Advertisements, Gates or Barriers, Category 9: Textiles, Clothing, Sewing Accessories, Headwear, Footwear, Category 10: Tobacco, Smokers' Requisites, Matches, Travel Goods, Fans, Toilet Articles, Category 12: Furniture, Sanitary Installations, Category 13: Lighting, Wireless Valves, Heating, Cooking or Refrigerating Equipment, Washing Machines, Drying Equipment, Category 16: Telecommunications, Sound Recording or Reproduction, Computers, Photography, Cinematography, Optics, Category 17: Horological Instruments, Jewellery, Weights and Measures, Category 18: Transport, Equipment for Animals, Category 19: Containers and Packing, Representations of Miscellaneous Products, Category 20: Writing, Drawing or Painting Materials, Office Requisites, Stationery and Booksellers' Goods, Category 21: Games, Toys, Sporting Articles, Roundabouts, Category 22: Musical Instruments and their Accessories, Music Accessories, Bells, Pictures, Sculptures, Category 24: Heraldry, Coins, Emblems, Symbols, Category 25: Ornamental Motifs, Surfaces or Backgrounds with Ornaments, Category 26: Geometrical Figures and Solids, Category 28: Inscriptions in Various Characters, 53.1.1 Moko (tattooing) (see also 2.1.1, 2.1.25, 2.3.1 and 2.3.25), 53.1.2 Kowhaiwhai (curvilinear design) (See also 25.7.1), 53.1.3 Tukutuku (rectilinear design) (See also 25.7.3 and 25.7.23), 53.1.4 Whakairo (carving) (See also 2.1.1, 2.1.22, 2.3.1 and 2.3.22), 53.2.1 Fern (does not include silver fern, see 53.2.2) (see also 5.1), 53.2.2 Silver Fern (see also 5.3.7, 5.3.13 and 5.3.14), 53.2.8 Ti Tree (Cabbage tree) (see also 5.1.30), 53.3.10 Fantail/Piwakawaka (see also 3.11.23), 53.4.1 NZ map (any combination of the islands) (see also 1.17.6), 53.4.3 Aoraki (Mt Cook) (see also 6.1.2 and 6.1.4), 53.4.4 Taranaki (Mt Egmont) (see also 6.1.2 and 6.1.4), © Ministry of Business, Innovation and Employment. If you want to search for cases including a particular person or agent, you can use the Applicant/Owner Name, Case Contact Name, Agent/Local Representative Name, or International Representative Name fields in the Client Search section. Note: In one upload window you can upload up to three files with a total of 60MB. Application and application process. You can customise the appearance of the search screen. PLANET NOT EGG will return BIG PLANET but not EGG PLANET. This is called a specification of goods or services. Our Trademark Comprehensive Study will not only list similar trademarks (graphic/phonetic) that may conflict with yours, but it will also give you an attorney's opinion about registration possibilities. English is the most widely used language of New Zealand. You can use search operators and wildcards in these fields as you would for the Title field. International Domains With Trade Mark Check you can also limit your search to specific goods and services classes. A full list of terms classified according to the WIPO Vienna Classification system can be found on the World Intellectual Property Organisation (WIPO) website. Image – upload the GIF or JPG file of the image/logo. Requests are processed within our published timeframes.If you're unsure about different types of IP, visit the homepage. Learn more about trademarks, how to continue reading : If you’re unfamiliar with the trade mark registration process, we recommend you apply for a search and preliminary advice report first. New Zealand Trademark Registration. Alternatively, you can search for cases including particular client IDs by using the Select option to the right of the Applicant/Owner ID, Case Contact ID, Agent/Local Representative ID, or International Representative ID fields. Trade Mark search permits for targeted searching of intellectual property cases by case number, owner, date, and more. 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