Page 43 - English-DBINZ brochure-2019
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Buddle Findlay                                                                         40









                     Section 9
                     INTELLECTUAL PROPERTY
























                     TRADE MARKS
                     Registered and unregistered trade marks are protected in New Zealand.  Priority is given to the first
                     person to use or register the mark, whichever is the earlier.
                     Registration is strongly recommended for the certainty it brings and related cost advantages, especially
                     in enforcement.

                     Trade marks can be registered pursuant to the Trade Marks Act 2002.  Registration provides the owner
                     with the exclusive statutory right to use that trade mark in New Zealand in relation to the goods or
                     services for which it is registered.  The initial registration period is 10 years and a registration can be
                     renewed for subsequent 10 year periods upon payment of renewal fees.
                     Use is not a pre-requisite for filing a trade mark application.  However, registered trade marks can be
                     cancelled if they are not used for a continuous period of three years.
                     To be registrable, a trade mark must be distinctive.  Examples of marks that typically may not be
                     registered include descriptive words and names with geographical significance associated with the
                     relevant goods or services.  Trade marks that contain Māori text or imagery may not be registered if they
                     are considered offensive to Māori.

                     Trade mark registration is administered by the Intellectual Property Office of New Zealand (IPONZ).  Trade
                     marks can be registered in as little as six months from the filing date.

                     New Zealand is a member of the Paris Convention and therefore trade marks can be filed in New Zealand
                     six months after they were first filed in another Convention country, and claim the original overseas filing
                     date.

                     New Zealand is also a member of the Madrid Protocol.  International applications based on New Zealand
                     national trade mark applications and registrations can be filed with IPONZ.  Also, IPONZ is able to receive
                     international registrations filed with the World Intellectual Property Organisation designating New
                     Zealand as a country in which protection is sought.
                     Unregistered trade marks are protected by the tort of Passing Off and the consumer protection provisions
                     of the Fair Trading Act.
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