Examination process
Once the World Intellectual Property Organization (WIPO) has forwarded us the designation, the international registration appears on our register with the status Under Examination. The designation will be examined on both relative and absolute grounds, similar to how national mark applications are examined.
Information about how we examine trade mark applications
Information on our examination timeframes
Respond to a provisional refusal
If you receive a refusal report following examination or opposition, you may respond directly to us. We recommend that you engage the services of a local intellectual property professional to do this. Any response must be made by a local agent via our case management facility and you must also provide an address for service in New Zealand or Australia (ie a physical or postal address in New Zealand or Australia).
A partial provisional refusal report may be issued where protection of the mark is refused for just some of its goods or services. In this case, you can make a Change Goods and Services request to remove the refused goods or services, and have your mark accepted in a timely manner. Alternatively, if no response is received by the deadline, the mark will be accepted for the list of goods and services which were not refused.
Register as the local agent on an international registration designating New Zealand
You must be logged into the IPONZ case management facility. From your Inbox:
- Under Trade Mark select Maintain an International Registration Designating NZ (NZD).
- Under Change Agent, Select case for Change Agent.
- Enter the trade mark number (either the New Zealand reference number or international registration number).
- Enter the required agent information and upload your agent authority. If you do not currently have your agent authority, upload a document that advises you are authorised to act.
- Submit your request.
We need to validate your request, which is usually done within one working day. Once your request is validated you’ll be able to respond to the provisional refusal.
Acceptance and protection
If a NZD is accepted, it will be published in our monthly journal. From that publication date external parties have three months to lodge an opposition. If an opposition is received we'll notify WIPO.
After the opposition period has finished, or at least six months from the filed/designation date, the NZD will become ‘protected’ in New Zealand.
Oppose an international registration
You must be logged into the IPONZ case management facility. From your Inbox:
- Under Proceeding select Lodge Proceeding International Trade Mark.
- Under Lodge Notice of Opposition of New Zealand Designation select Lodge Notice of Opposition of New Zealand Designation.
- Enter opposition details including uploading your notice of opposition.
- Submit your request.
Maintain an NZD
See Maintain an international trade mark.