2. Registration of a trade mark (Regulations 42 and 44)

The application must contain the following at the time of filing:

• The applicant’s name and address, in the case of joint applicants, the name of each applicant and an address;
• A clear representation of the trade mark;
• If the application is for registration of a series of trade marks, a clear representation of each trade mark in the series;
• The goods and services for which registration is required;
• The prescribed fee of $150 + GST per class.

An applicant must supply the following information before the application can be accepted, and may supply it after filing the application:

• The applicant’s address for service; and
• The class or classes of the Nice Classification in which registration is sought; and
• Whether the application is for a certification or a collective trade mark; and
• In the case of a certification trade mark, the regulations governing the use of the trade mark approved by the Commissioner; and
• A transliteration of any foreign characters in the trade mark; and
• A translation of any foreign words in the trade mark; and
• If the trade mark is a colour or colours, a description acceptable to the Commissioner of the colour or colours; and
• If the trade mark is limited as to colour, a description acceptable to the Commissioner of the colour or colours in the trade mark; and
• A statement by the applicant that the trade mark is being used or is proposed to be used;
• If the applicant has made a claim for convention priority, the following information:
  • The date of the application from which priority is claimed;
  • The country in which the application was made:
  • The goods and services to which the claim relates;
  • If the application in New Zealand is an application for registration of a series of trade marks a statement specifying to which of the marks in the series the claim for convention priority relates.