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2.6 Searching for protected marks
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2.6.1 Protected marks
The use of certain signs is restricted, under a variety of laws and statues including the New Zealand Trade Marks Act 1953. These are often referred to as Protected Marks. The registration of these types of trade marks (and signs that are confusingly similar) is restricted.
IPONZ’s internal database (IPOL) includes an extensive (but not exhaustive) database of such marks. You can use this Protected Mark field on the IPONZ trade mark search screen to search the protected mark database.
Examples of protected marks include:
- Official emblems and hallmarks of states and intergovernmental organisations.
- New Zealand flag and ensigns.
- Flags or emblems of other countries.
- Geographical names registered in respect of certain goods.
- International non-proprietary pharmaceutical names.
- Common name of any (chemical) element or compound.
- Generic names for pesticides and agricultural chemicals.
- Plant varieties.
2.6.2 Searching for Protected Marks
In order to search protected marks you must select the “protected marks” database. At the top of the search screen, click the radio button next to “Protected Marks”. Every time you conduct a new search the search screen is reset to the “Trade Marks” database.
It is not possible to search both the protected marks and trade marks databases simultaneously.
Once you have selected the protected marks database, scroll down the page to the “Protected Marks Criteria” section (see below) and enter the word or Vienna image descriptor you wish to search for in the “Descriptor” field.
Then click on the “Submit Query” button to search the protected marks database for marks that meet your criteria.
You may also use the “Other” field in the “Protected Marks Criteria” section, to search for
other technical criteria such as plant variety right classification numbers.
If you get an error message when you submit the search, as shown below, it is because you have entered data in the “Protected Mark” field, but you have not selected the “Protected Marks” database at the top of the form.
