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, whether through the IPONZ online facility or on paper, applicants will be asked to submit the following positive declaration:

The trade mark is proposed to be used or is being used by the Applicant or with their consent in relation to the goods and services stated.

The online application form will automatically default to the positive declaration but the applicant will have the option of either not agreeing to the declaration or submitting a blank declaration.

Where an applicant does not wish to agree online to the positive declaration or the declaration has not been included on the application form, 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