Please be careful when completing a process as we will not give refunds if you change your mind after having paid a fee.
A. We will refund the relevant fees you have paid in the following circumstances:
- You submitted an application for the incorrect type of intellectual property (eg applied for a design when you intended to file for a trade mark). You should either notify us of the error within three working days, or an examiner must independently determine that an incorrect application type has been made. If possible, you must subsequently file a new application under the correct type.
- You paid a renewal fee against an incorrect intellectual property case. You should then notify us of the error within three working days and pay the renewal fee for the correct case (please note that fees are not transferrable).
- We have rejected your trade mark application on the basis that it has no distinctive character, having previously given you preliminary advice that it had distinctive character under Part 5 of the regulations.
- Where you have withdrawn from a hearing no less than five working days prior to the date set for the hearing.
- You paid the Request for Examination fee for a patent in error, at the time of application.
- Where you paid for additional trade mark classes subsequent to a compliance report being issued, and the additional classes were not deemed to be necessary or allowable.
- Where you only wished to partially renew a trade mark.
- Where we have made a mistake in processing your transaction.
B. We will not refund the relevant fees you have paid in the following circumstances:
- Where we have commenced work on the examination of an application.
- Where you changed your mind after being issued with a compliance or examination report.
- Where a renewal fee paid for an intellectual property case, on behalf of the owner without instruction, and the owner subsequently advises they do not wish to renew their intellectual property.
- GST amounts are not eligible as separate refunds from their applicable fees. Where the applicant or requestor is in New Zealand, the Office will assume that GST is payable by the applicant or requestor.
C. Special circumstances
Discretion to pay a refund may apply in circumstances of genuine error other than that stated above. To qualify you should provide an explanation to us as soon as possible (preferably within three working days of paying the fee), and we must not have commenced work on your filing.
D. General conditions
Fees cannot be transferred
Due to system limitations and financial auditing requirements, fees cannot be transferred to another case.
Currency exchange rates and interest
Refunds are made in New Zealand currency. The exchange rate that applies will be that on the day the refund is made.
Interest is not payable on any refund.