4. Mandatory filing requirements

An application for registration of a collective mark is, in the main, dealt with in the same way as an application for a standard trade mark and is subject to virtually the same eligibility criteria. Every application is checked to ensure that it meets the mandatory filing requirements as provided in the Act and the Regulations.

An application to register a collective mark must comply with the mandatory requirements set out in regulations 41 and 42 of the Regulations.¹⁴ An application to register a collective mark must contain the following information:¹⁵

1. The name of the applicant;
2. An address for service in New Zealand;
3. A clear representation of the collective mark;
4. For a series of collective marks, a clear representation of each mark in the series; and
5. The goods and services for which registration is required.

An application will only be processed and a filing date assigned, when the mandatory filing requirements have been met.¹⁶ Where an application does not contain the mandatory filing requirements, an application number and a filing date will not be allocated. The application fee will be refunded and, if the applicant wishes to obtain registration of the trade mark, the applicant will be required to file the application again with the required information.

For more information on the mandatory filing requirements, please refer to the relevant section in the Practice Guideline on The Application Process.

Footnotes

¹⁴ Regulation 59(a) of the Trade Marks Regulations 2004.

¹⁵ Regulation 42 of the Trade Marks Regulations 2003.

¹⁶ See regulation 41(2) of the Trade Marks Regulations 2003.