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Amendments to Trademark Laws

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Sep 27, 2012 (Newsletter Issue 14/12)
New Zealand
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Accession to Madrid Protocol


New Zealand became a member of the international trademark system following the deposit of its instrument of accession to the Madrid Protocol for the International Registration of Marks on September 10, 2012. The said instrument contained the following declarations:

- In accordance with Article 5(2)(d) of the Madrid Protocol (1989), under Article 5(2)(b) of the Protocol, the time limit of one year to exercise the right to notify a refusal of protection referred to in Article 5(2)(a) thereof is replaced by 18 months and under Article 5(2)(c) of the said Protocol, when a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified to the International Bureau after the expiry of the 18-month time limit;

- In accordance with Article 8(7)(a) of the Madrid Protocol (1989), New Zealand, in connection with each international registration in which it is mentioned under Article 3ter of the said Protocol, and in connection with the renewal of any such international registration, wants to receive, instead of a share in the revenue produced by the supplementary and complementary fees, an individual fee; and

- Consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.

The Madrid Protocol enters into force on December 10, 2012.

Source: www.wipo.int