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Amendments to Trademark Laws

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Mrz 21, 2019 (Newsletter Issue 4/19)
New Zealand
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Update of Practice Guidelines & Introduction of Request for Review Process

On February 28, 2019, IPONZ informed that it has updated its practice guidelines relating to Section 32(1) of the Trade Marks Act 2002, which concerns how a trademark application is made, and refers to the ownership of the trademark.

The update clarifies that if an application is made by a person who cannot claim ownership of that trademark (for example, a nominee company), then that trademark may be left vulnerable to opposition or invalidity proceedings.

While opposition or invalidity proceedings may be possible, IPONZ will not investigate an applicant’s right to ownership at examination, except in situations where it is apparent that the ownership of the trademark is at issue.

For more information, please check '2. Filing a trade mark application'

Further, IPONZ has introduced a request for review process for trademark applications. By this applicants or agents can now request for a more senior member of the examination team of the Office to review the examination of an application. The request can be made under certain circumstances which can be seen here