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.
In some cases, we may provide a refusal report that outlines issues with your international registration designating New Zealand (NZD). If this occurs, you can respond directly to us, and/or request for limited changes to be made to your NZD. This will require you to submit your response or request via our case management facility, and provide an address for service (i.e. a physical or postal address) located in New Zealand or Australia.
In order to submit a response or request for your NZD via our case management facility, the party submitting that response or request must first be added as the local agent on your NZD.
We recommend using the services of an intellectual property professional in New Zealand or Australia to act as your local agent. They may have more extensive knowledge of intellectual property in New Zealand, and greater experience with our case management facility. They may also be able to act as an address for service in New Zealand or Australia, on your behalf.
If you are requesting to add yourself as the local agent on an NZD, you must provide supporting documentation confirming that you are authorised to act on behalf of the trade mark owner. For example, you may provide a letter confirming that you are the agent for the international registration, or you may provide a letter of authority signed by the applicant or owner.
To submit a request to be added as a local agent:
- Log on as a registered user of the website.
- In the left hand menu of your Inbox, under Trade Mark, select Maintain an International Registration Designating NZ (NZD). The International Registration Designation NZ Change Request(s) page will display.
- Under Change Agent, click the Select case for Change Agent This will allow you to search for one or more NZDs where you can be added as the local agent. Once you have identified the correct cases, select the tick box for each case, then click the Select button. The Request a Change of Agent on an International Registration screen displays.
- In the Request a Change of Agent on an International Registration screen:
- Under Client Reference, enter a title or short description for this request that you can recognise.
- Under Case(s), confirm that the displayed NZDs are the ones for which you wish to be added as a local agent.
- Under Agent Details, select whether you are the new local agent for the NZD, or an additional local agent. Click the Search button to search for and select your agent details.
- Under Documentary Evidence, select the Add button to upload your supporting documentation.
- Select Submit to complete your request.
We will review your request to be added as a local agent within 1 working day. If your request is validated, you will be able to respond to refusal reports issued for that NZD, or request limited changes to it.
For more information on provisional refusal reports, or other changes to an NZD, please see our Maintain an International Trade Mark page.
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.