The Intellectual Property Office of New Zealand (IPONZ) has released new timeframes for examining trade mark applications. Details are shown in the table below.
Items | Timeframes of receiving correspondence |
Search and/or Preliminary Advice requests | within 5 working days |
National trade mark applications | within 35 working days |
International registrations designating New Zealand (NZDs) | within 100 working days of IPONZ receiving your designation from the World Intellectual Property Organization (WIPO) |
General examination | within 25 working days |
Evidence/Certification | up to 100 working days |
Customer Account Authorization | 1 working day |
Assignment | 15 working days |
Extension of time requests | 15 working days |
Request to divide or merge trade mark cases | 15 working days |
Certificates of Commissioner | 1 working day |
Change of agent, name or address | 1 working day |
The trademark application timeframes are current as of July 2024, and reflect an increase from our normal timeframe of 15 working days. IPONZ claims that it will update this timeframe as developments occur. However, hearsay notes that no shifts will be expected soon.
Besides, trade mark applications containing (or which appear to be derived from) Māori text or imagery are referred to the Māori Trade Marks Advisory Committee[1] for their advice. Most applications referred to the Committee will receive a determination within 1 month. Applications requiring further consideration are discussed during the closest Committee meeting, which occurs on a quarterly basis. (Committee meeting dates are currently scheduled for: 13 March 2024, 3 July 2024,16 October 2024,27 November 2024)
Since IPONZ does not provide for expedited examination, it is suggested that overseas-based clients file national applications rather than file via Madrid if they want to progress their New Zealand protection as quickly as possible.
Information sources:
1. https://www.iponz.govt.nz/support/timeframes/
2. https://www.lexology.com/library/detail.aspx?g=c598b1d8-9a97-4348-8d5b-ea1d0a071e74
[1] Intellectual property (IP) legislation in New Zealand provides for the establishment of Māori committees for certain types of IP. The purpose of these committees is to consider IP applications under the context of values, concepts, practices and knowledge associated with Māori culture, and advise whether proposed IP is likely to be offensive to Māori.
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