2. Search options

Guidelines on searching for trade mark applications and registrations in New Zealand.  Please note that this information is intended to be a guide only.  For legal advice, we recommend that you contact a patent attorney or lawyer familiar with intellectual property law.

The Trade Mark Search Form contains various fields where you may enter data to conduct a search of the trade mark database. A glossary of the terms used is included as Appendix One to this Guide.

You may want to read this document in conjunction with Appendix Two “Trade Mark Database Extract” when reviewing your search results.

2.2.1 Where do I enter in the information?

To start with, try entering your word or words into “Search All Fields”. 

This field searches the entire database, whereas other fields on the form only search particular parts of the database, and are designed for more experienced or familiar users.

So if you search for Matheson* in the Search All field, the query will bring back any trade mark which contains the name “Matheson” as well as any trade mark which is owned by an entity with “Matheson” in the name (such as Matheson Architecture Limited).

2.2.2. So how do I actually enter the query…?

Use Wildcards! You can use the symbols * and ? to broaden your search.

• * is a “multi-character” wildcard. This will find records that contain one or more characters in the place of the wildcard. If it is used after a word, * will find the word on its own as well as the word plus extra characters. For example, a search for rose* finds “rose”, “Roseanne” and “rose bowl” if they are listed as trade marks.

Note : The * wildcard is not reliable when used alone at the front of a word.

• For prefix searches, use ?* before the word. This finds any entries that contain one or more characters at the front of the word, but does not find the word by itself. For example, a search for ?*price finds “caprice” and “custom price” but not “price”.

• ? is a single character wildcard. This will finds any entries that contain just one character in the place of the wildcard unless it’s used with a * wildcard. Can be used in any location within the word. For instance, a search for “str?ng” would find “strung”, “string”, “strang” and “strong”.

2.2.3 What if I don't use wildcards?

If you DON’T use wildcards, a search for a word on its own will find the word plus that word with “stem” endings. Examples of stem endings are: “ing”, “ed”, “s”. For instance a search for trade finds trading, trades and traded.

• Use of wildcards (* or ?) turns off the stem function.
• Use of quotation marks (“ ”) around the word turns off the stem function.

2.2.4 What if I get too many results...how can I narrow down my search?

If you want to JUST search for the trade mark, and not company names, then you can enter your word or word in either of the “Trade Mark word(s)” fields.

2.2.5. What if I want to search for more than one word?

If you want to search for more than one word, enter in your strategy with key words with an AND in between the two key words. For example, the strategy juicy* AND duck* would look for records that contained both the words “juicy” and “duck”.

If you are searching for more than one word, but they do not necessarily have to be in the same trade mark, you can use a comma in your strategy. For example, if you wanted to look for “orange” or “juicy”, use the strategy orange*, juicy*. That strategy will find any trade mark that contains either the word “orange” OR “juicy”.

If you want to search for several words, you can use () brackets to define the search further. For example, if you want to find all records containing “juicy duck” or “orange duck”, you can enter in the strategy (juicy*, orange*) AND duck*.

Examples of Word Searches

Example 1: PLASTERCOTE

• plast*c*, plast*k*, plast*q*, pla?st*c*, pla?st*k*, pla?st*q*
• (plast*,plarst*,plahst*) and (cot*,kot*,qot*,coat*,koat*,qoat*,coet*,koet*,qoet*)
• plast*-c*t*, plast*-k*t*, plast*-q*t*, plarst*-c*t*, plarst*-k*t*, plarst*-q*t*

Example 2: LEARNING MEDIA

• (learn*,lern*,lirn*,lorn*,lurn*) and (med*,meed*,mead*,meyd*,mid*,myd*)
• learn*-med*, l?rn*-med*, learn*-me?d*, l?rn*-me?d*
• learningm*,l?rningm*
• learning*, lerning*, lirning*, lorning*, lurning*, ?*learning*,?*lerning*,?*lirning*
• media*, ?*media*, medya*, meedia*, meedya*, meadia*, meadya*,miedia*, miedya*, mydia*, mydya*, meydia*, meydya*

Example 3: MILLENNIUM

• m?l?n*m*, m?ll?n*m*
• ?*mil?n*m*, ?*mill?n*m*, ?*myl?n*m*, ?*myll?n*m*

2.3.1 The Vienna Classification system

The Vienna Classification system is a numbering system developed by the World Intellectual Property Organization (WIPO) to describe trade marks containing stylisation and/or images. The system aids in effective searching of trade marks which consist of, or contain, pictorial representations, words presented in a special form, ornamental motifs or other figurative elements.

Every trade mark on the New Zealand register that contains a stylised element has been assigned a relevant “Vienna Descriptor”.

The classification constitutes a hierarchical system that proceeds from the general to the particular. For instance:

A summary of the WIPO Vienna categories is included in Appendix Four to this guide. A full list of terms classified according to the WIPO Vienna Classification system can be found online at  http://www.wipo.int/classifications/nivilo/ or by following the WIPO link in the BUILD button as shown below.

IPONZ has supplemented the Vienna Descriptors by adding descriptors that are specific to New Zealand, for example native flora and fauna. These descriptors are listed in Appendix Four to this guide and can be found by following the NZ SPECIFIC link in the BUILD button as shown above.

Note that New Zealand’s Vienna descriptors may be used in conjunction with other descriptors that are not specific to New Zealand. For instance, if you wanted to search for a silver fern design, you may search under New Zealand descriptor 53.2.2, but also under 5.3.7 (ferns), 5.3.13 (stylised leaves) and 5.3.14 (stylised leaf).

2.3.2 Searching for a Trade Mark Using Vienna Descriptors

To do a basic trade mark search for the IPONZ logo using Vienna descriptors, enter the information as shown below:

Points to Note:

• Do not use spaces after the comma to separate descriptors.
• If you wildcard a Vienna classification for searching, make sure you place a full stop after the last number and before the wildcard (e.g. 5.3.*)

If any of these descriptors are searched singularly, or with other descriptors in that list, this trade mark will appear in the results list with other marks described in this manner. If a broad search was conducted under just “3” (animals) or “53” (Maori), every trade mark which had an animal image or a Maori image would be included in the results. Such a search can be too broad if the intended search is to find a trade mark with a pigeon only.

The more specific you want your search to be, the further you would define your image using Vienna descriptors. Take for example the old IPONZ logo.

The logo is in fact a stylised Kereru, or New Zealand wood pigeon. Kereru's splayed wings represent the flight of the imagination and double up as ponga fronds - symbolically New Zealand.
Inverted question marks are also incorporated into the logo to identify the process of thought and the quest for ideas and solutions.

The logo has been classified with the following Vienna descriptors:

2.4.1 Nice Classification of Goods and Services for Trade Marks

Each trade mark application must be made in relation to specific goods or services (known as the specification). New Zealand uses the international classification system known as the Nice Classification system to separate goods and services into different classes.

There are some characters contained within trade marks that are not “ordinary” Roman letters. Many of these characters can be searched on the website.

Characters such as an equal sign (=), full stop (.) and quotes (" and ') can be searched by inserting a backslash (\) before that character in the search string. Other characters can be searched without these provisions. See examples below.

Note that regular wildcards can still be used with most of these characters.

• is a “multi-character” wildcard. This will finds entries that contain one or more characters in the place of the wildcard. If it is used after a word, * will find the word on its own as well as the word plus extra characters. For example, a search for rose* finds “rose”, “Roseanne” and “rose bowl” if they are listed as trade marks.
• ? is a single character wildcard. This will finds any entries that contain just one character in the place of the wildcard unless it’s used with a * wildcard. Can be used in any location within the word. For instance, a search for “str?ng” would find “strung”, “string”, “strang” and “strong”.

Important Notes:

• When searching for numbers, wildcards will not work.
• A space is counted as a character, so a search for ‘2 4’ will NOT find ‘24’, but will find ‘2 4’. A search for ‘P O’ will NOT find PO but will find ‘P O’.
• Where a “\” precedes a special character and the wildcards ?* are not used before the \, then the query says that the special character is the BEGINNING of the entire word or phrase you are searching for– just like an ordinary search. E.g. a search for \.com* is a query for any trade mark starting consisting of “.com” plus anything on the end of “.com”. A search for ?*\.com* is a query for any trade mark containing the text “.com”, as long as there is additional information before the “.com” text.

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.

2.7.1 Boolean Logic

The IPONZ website uses a “Verity” searching product, which is a query language that helps you turn apparently simple searches into detailed and sophisticated queries. Writing a query is a way to ask a question about a subject.

Verity operates on “Boolean logic” which is based on the idea of forming relationships between pieces of information – Verity is simply a method of doing it. Most other search engines on the Internet also use Boolean logic.

When searching with Boolean logic, you can use a range of “operators” and “modifiers” to make your query more accurate or attuned to your needs. “Operators” and “Modifiers” are tools that apply logic to the query you are making in order to isolate the precise information you are seeking.

There are four sets of operators and one set of modifiers, each set having a particular way of structuring a query to find information:

• Concept Operators
• Evidence Operators
• Proximity Operators
• Relational Operators
• Modifiers

Details of these different operators are set out in Appendix Two to this guide.

2.7.2 Building a Boolean Query

If you are unsure on how to construct Boolean queries using the operators outlined above, you can use the Build function described next to help you.

This small floating window activates when the “Build” button is pressed within the “Standard Search” page. This allows users to create Boolean criteria when building their queries.

Choose an operator (if required). Next, type in your query text (one word) within the text field then click the “Add text” button. You can select a logical operator from the list of seven buttons. The most common choices are AND, OR and NOT.

After that you can repeat the above steps to add more query text (i.e. one more word).

The correct syntax for the specified criteria is then appended to any existing criteria within the “Syntax Window” (the largest field). Note the syntax window displays the valid syntax format, so you can use the Build function to teach yourself how to enter Boolean queries directly onto the ‘Standard Search’ page. When complete click the “OK” button and the “Syntax Window” content is then populated through to the relevant field within the “Standard Search” page. Click the “Cancel” button to abort.

2.7.3 Advanced Trade Mark Search Form

This search method allows users familiar with the search engine syntax to enter a raw query directly without using the “Build” Function. Those unfamiliar with this syntax should use the “Standard Search” page.

Note: This feature is not available to Casual Users – you need to register for a website account to have access to this facility.

To get to the Advanced Search screen, you will need to log in. You can either set up your User Preferences so that the screen appears by default, or you can go to the Advanced module from the Standard Search form – select the Advanced Search button at the top of the form. Need to change screen shot.