3.5 Statement of use

An application to register a trade mark must contain a positive statement²¹ that the trade mark is in use in New Zealand or proposed to be used in New Zealand, before the application can be accepted.

Therefore, when submitting an application through the IPONZ online facility applicants will be asked to submit the following positive declaration:

The mark is being used or proposed to be used, by the applicant or with his/her consent, in relation to the goods/services.

The online application form will automatically default to the positive declaration but the applicant will have the option of selecting no statement of use.

Where an applicant does not wish to agree online to the positive declaration and selects no statement of use, the applicant will be asked by an Examiner to confirm that the mark is being used or is proposed to be used.

In accordance with regulation 44(j) of the Regulations, the mark will not be accepted until the Applicant makes the positive declaration.

Where the applicant agrees to the declaration, the Statement of Use field on the IPONZ database will affirm the declaration. All applications made under the Trade Marks Act 1953, and under the Trade Marks Act 2002 before this practice came into force will keep their current Statement of Use.

Footnote

²¹Practice Guideline Amendment 2005/10, IPONZ Newsletter, July 2005