4 Examination of trade marks containing Maori signs

Where a trade mark contains a Māori sign and the attached Annexure does not apply, the application will be forwarded to the Committee for advice whether the mark is likely to be offensive to Maori.

To ensure there are no undue delays to registration, Committee members will be required to advise the Commissioner within a set timeframe of the outcome of their “preliminary consideration”. This will take place on a weekly basis.

If individual members are confident that the registration of the trade mark will not cause offence to Māori, the application will proceed through the usual process of trade mark examination.

If committee members have initial concerns, the Committee will assess the application and determine whether the trade mark is either:

• not offensive to Māori;
• not likely to be offensive to Māori;
• likely to be offensive to Māori; or
• offensive to Māori.

Alternatively, the Committee may advise that further information is required before a determination can be made. In such a case the Committee must advise the Commissioner of this, together with the nature of the further information required. The Commissioner will consider the Committee’s advice in such cases and determine whether to advise the applicant to obtain this additional information.

Once the Committee has provided advice on the trade mark, IPONZ will examine the trade mark and issue a Compliance Report in the standard examination timeframes.

For more information on the time limits and the application process, see the Guidelines to The Application Process.