3. Searching for protected marks

3.1 Protected marks

The use of certain signs is restricted, under a variety of laws and statues including the New Zealand Trade Marks Act 2002. These are often referred to as Protected Marks. The registration of these types of trade marks (and signs that are confusingly similar) is restricted.

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

3.2 Searching for Protected Marks

In order to search protected marks you must search the relevant databases.