Types of proceedings

Trade Marks

Request Extension of time to oppose

Opposition is an objection to the registration of a trade mark application in the form it was advertised. The usual three month period for filing a notice of opposition may be extended in certain circumstances. Please see regulation 75 of the Trade Marks Regulations 2003 and Time for filing a notice of opposition for further guidance. 

Lodge Notice of Opposition of Trade Mark Application

Opposition is an objection to the registration of a trade mark application in the form it was advertised. Any person who wishes to oppose the registration of the trade mark can do so within three months from the date of its advertisement in the Journal. A notice of opposition must comply with regulations 73 and 74 of the Trade Marks Regulations 2003. 

Lodge Declaration of Invalidity of Registration

An aggrieved person may apply for a declaration that a trade mark registration is invalid, to the extent that the mark was not registrable under Part 2 of the Trade Marks Act 2002, as at the date of application. Part 2 of the Act covers eligibility of a trade mark for registration, and in particular the absolute and relative grounds of refusal. An application for declaration of invalidity must comply with regulations 106 and 107 of the Trade Marks Regulations 2003. 

Lodge Revocation of Registered Trade Mark

An aggrieved person may apply for revocation of a trade mark on the basis of non-use due to the trade mark not being used for three years since the actual registration date and/or on the basis of grounds other than non-use (see section 66 of the Trade Marks Act 2002). An application for revocation must comply with regulations 94 and 95 of the Trade Marks Regulations 2003.

Application for Cancellation or Alteration of Trade Mark

An aggrieved person may apply for cancellation or alteration of a trade mark for breach of a condition (see section 62 of the Trade Marks Act 2002), or for cancellation or alteration of a certification trade mark or the deposited regulations for that certification trade mark (see section 63 of the Act), or for cancellation or alteration of a collective trade mark (see section 63 of the Act). An application for cancellation or alteration must comply with regulations 114 and 115 of the Trade Marks Regulations 2003.

International Trade Marks 

Request Extension of Time to Oppose

Opposition is an objection to the protection of an international registration designating New Zealand in the form it was advertised. The usual three month period for filing a notice of opposition may be extended in certain circumstances.

Lodge Notice of Opposition of New Zealand Designation

Opposition is an objection to the protection of an international registration designating New Zealand in the form it was advertised. Any person who wishes to oppose the protection of the international registration designating New Zealand can do so within three months from the date of its advertisement in the Journal. A notice of opposition must comply with the requirements of the Act and Regulations. 

Lodge Declaration of Invalidity of Protected New Zealand Designation

An aggrieved person may apply for a declaration that a protected international registration designating New Zealand is invalid. An application for declaration of invalidity must comply with the requirements of the Act and Regulations.

Lodge Revocation of Protected New Zealand Designation

An aggrieved person may apply for revocation of a protected international registration designating New Zealand on the basis of non-use due to the trade mark not being used for three years since the date the international registration designating New Zealand became protected and/or on the basis of grounds other than non-use. An application for revocation must comply with the requirements of the Act and Regulations.

Application for Cancellation or Alteration of New Zealand Designation

An aggrieved person may apply for cancellation or alteration of a protected international registration designating New Zealand for breach of a condition, or for cancellation or alteration of a certification trade mark or the deposited regulations for that certification trade mark, or for cancellation or alteration of a collective trade mark. An application for cancellation or alteration must comply with the requirements of the Act and Regulations.