Update to Trade Mark Practice Guidelines

Update to Trade Mark Practice Guidelines

IPONZ has updated its practice guidelines to confirm changes on how we consider prior use, and clarify how we consider terms such as “providing a website”.

IPONZ has recently updated its practice guidelines as follows:

Overcoming a Citation

We have amended our practice guidelines on Overcoming a Citation to reflect the way we consider prior use of a trade mark. Our examiners will currently consider submissions and evidence relating to prior use when determining whether special circumstances exist in relation to a trade mark application. This supersedes an earlier practice where examiners would not consider submissions that attempt to prove prior use.

View the updated Trade Mark practice guideline:

Annexure to Computer Services and Annexure General

We have amended our Annexure to Computer Services practice guidelines for trade marks. These new and amended guidelines clarify how trade mark examiners will assess “providing a website” terms (or similar) in goods and services specifications. These changes were made in order to maintain consistency with current NICE classifications and the way these terms are treated internationally.

We have also made a similar update to our Annexure General practice guidelines.

View the updated Trade Mark practice guidelines:

Published on September 14, 2022