How to apply for a trade mark

You have the option of completing and submitting the Application Form online, or posting a Trade Mark Application Form.

Preparation

You need to prepare a clear description of the trade mark. If your trade mark has a special shape, colour or font (for example, a business logo), then ensure you have a suitable image to accompany your application.

1. If you are submitting the application online, you can attach an image of the trade mark saved as a JPEG, GIF or TIFF file, or in a Word or PDF document file. (Ensure you can locate the file on your computer for insertion.)
2. If you are posting your application, you can attach a printed example of the trade mark.

You will also need:

• To become a registered user of our website. Registering as a user is free and it only takes a few minutes to complete. If you already have a User ID and password with other Ministry of Economic Development websites you will be able to use this to access our site. Register as a user or see How do I manage my login? for more information.
• A list of the goods and/or services you market, or intend to market, under the desired trade mark.
• The applicant’s name and address information. If you are the applicant for the trade mark, then supply your details. If you are applying for a business or someone else, or if several applicants are applying, then have these details ready.
• An address for service in New Zealand – every application must have a service address in New Zealand. This can be a business or residential address, post office box or document exchange box in New Zealand.

The cost

An application to register a trade mark in one class costs NZ$112.50 (GST included). Since the fee is non-refundable, it is important to complete your research first, particularly these two steps:
 

1. Review the How to check for existing trade marks section to ensure your desired trade mark is not already registered or is not ‘confusingly similar’ to an existing trade mark. Note: you can request IPONZ to conduct a search for you at a cost of NZ$22.50 (GST included) per class.
2. Review some reasons for trade mark rejection to reduce the chance of your application being rejected. Note: you can request preliminary advice from IPONZ on the suitability of the trade mark at a cost of NZ$22.50 (GST included) per class before you submit your application.

Choosing your goods and services

The list of the goods and/or services that you supply with your application is called a specification of goods and services. This determines the range of the protection that you may be given by registration of the mark. It is important to carefully consider the goods and services that you want covered by your mark as you will not be able to broaden the range once the application is filed.

Goods and services are divided into 45 classes under the Nice international system of classification. In addition to listing all of the goods and/or services for which you want to use the mark, state the class or classes. This is referred to as the classification of your goods or services.

Save time by researching the appropriate classification for your trade mark registration here.

Note that each class application costs NZ$112.50(GST included). If necessary get advice from an intellectual property expert on the value of registering your trade mark in more than one class.

For more information see our guide about classifying goods and/or services.

Online application

Getting Started

FIRST let us know who would like to file the application:

1. If you are a registered user LOGIN, or
2. Supply your contact details to become a registered user (click REGISTER), or

(Tip: record your LOGIN details in a safe place as these will save you time on subsequent visits.)

Now select APPLICATIONS, then APPLY FOR A TRADE MARK.

1. First time filers: if you have not previously associated your online account with an Intellectual Property Office party a page will be displayed so that you can do this first. Then an Application Questionnaire will display.
2. Previous filers: a list of past applications will display. Click NEW to see the Application Questionnaire.

The Application Questionnaire asks for the information we need to set up an application form tailored to the specific needs of your application.

Ensure you fill in all required Fields (marked with an asterisk). If you need help, click on the Tip Box next to a Field. For further assistance use the HELP button on the top toolbar, or contact us during business hours to speak to a client services advisor.

Navigating the form

• You can add or remove fields at any time by clicking the QUESTIONNAIRE button at the top of the screen to return to the Application Questionnaire screen. You can change any of the entries you made there, then click the CONTINUE button to return to the Application Form screen. Fields will be added or deleted from the Application Form screen in line with any changes you made.
• Use the SAVE button to save your work for later completion. Saved applications that have not been completed will be kept for a 90 days, after which they will be deleted automatically by the system.
• Use the CONTINUE button to move to the next screen. Note: You may need to fix any errors or omissions (signaled in red at the top of the FORM) before you can continue.

Field tips

Reference Number: Use a different reference for each application. You will be prompted if you enter a previously used Number by mistake.

First default detail box: Check the default details throughout the Form and alter any as necessary.

Trade Mark Details

TYPE: Enter the type of mark application you are making. 
 

FILE: If you are filing an image, colour, sound, shape or animation mark click BROWSE to find and upload the file containing your mark.

TYPE: Select the entry from the drop-down list that best describes the trade mark, e.g. Text Only, Image, Colour, etc. The table below will help you determine if a file or written description of your mark is required.

Additional fields:

ADDITIONAL APPLICATION INFORMATION: You can supply additional details about your mark, for example, 'The letter e in the mark has an etude above if'.

Applicant information

1. New client: Fill in the applicant(s) details.
2. Existing client: click CHOOSE to locate their details in the database (NOTE if you have not logged in you must also fill in the CONTACT details section)

Class information

Class: Enter the Class Number for the class of goods and/or services in which you wish to register your trade mark. If you are not sure of the class number, click TM CLASS HEADING to select from the class list and headings or use the Trade Mark

Classification Search to review possible classes.

Specification: Enter a description of the goods or services that you will market under this trade mark. For example:

Eg.1. clothing

Eg.2. wholesale and retail of clothing

Eg.3. café services

Eg.4. cosmetics including moisturisers, make-up and lipstick

Eg.5. provision of a training course in relation to horseback riding

Eg.6. temporary accommodation services, namely bed and breakfast services

(NOTE: Your specification will appear on any certificate as you have entered it, subject to any compliance amendments. Please do not enter line-breaks, capital letters (except acronyms, such as DVD) or end the specification with punctuation.)

Submitting your application

1. When you have completed the application form click CONTINUE.

(NOTE: If there is an error or omission in the form a message will display in red at the top of the screen).

2. Check your application thoroughly and make any final changes before submitting it. Use the PRINT button at any time if you would like a copy of your application details emailed to you. (If you wish to review a file you have attached to the Application Form, click on the relevant hyperlink).

3. If you would like to save your application without submitting it press SAVE

4. Select OK when you wish to proceed to payment.

5. Payment: If you have a direct debit facility loaded to your account you can choose the CHARGE ACCOUNT option for payment. Otherwise click PAY BY CARD and fill in the credit card form, making sure to include your email address if you wish to receive a tax invoice.

Once your application has been submitted you will receive a Summary Report, sent to the email address supplied in the Application Questionnaire. If you have any problems opening this report or questions about its content, email us at mail@iponz.govt.nz.

Posting your application

Print out Form 2 Application to Register a Trade Mark form and use the Guidance Notes to help you complete each question. Before you post the form please check thoroughly that you have completed all fields and included any necessary samples of your trade mark. Payment options are explained at the end of the Form.

If you need more help, please contact us during business hours.

What happens next?

Review the Trade mark process section for more information on the application process.