Business Update

Learn the answers to some of our frequently asked questions

IPONZ takes note of all questions asked and uses this information to create and tailor resource material in its online Information Library www.iponz.govt.nz.  Here are this month’s top three questions and answers:

1. How can I check to see if it’s okay to use my new brand in New Zealand?
   • You can search IPONZ’s online trade mark database to find identical or similar trade mark applications and registrations on the New Zealand Trade Mark Register.  Check out the online Information Library – Using the IPONZ Website – Searching for helpful tips and search guides.
   • You can ask IPONZ to help.  For NZ$20 plus GST, IPONZ will search the database and send you a letter advising whether or not there are any conflicting marks on the New Zealand Trade Mark Register. See the online Information Library – Trade Marks – Beginner’s Guide – 02 Applying for Search & Preliminary Advice.
   • You also need to conduct a market place search for unregistered trade marks owned by competitors and traders selling similar products or providing related services.  This may involve searches on the internet, business directories and phone books and looking out for competitors’ catalogues and advertisements.
2. What are the options when applying for a New Zealand patent application?
   • You have a choice of making the application with a provisional (Patent Form No. 4) or complete specification (Patent Form No. 5).  A provisional specification broadly describes the invention and how to perform it.  A complete specification accurately describes the invention and the best known method of carrying it out, and ends with one or more “claims” which define the scope of the invention. The application must also include an application form and fee.  Either Patent Form No. 1 or 2 can be used.  Patent Form No. 2 is only used when claiming convention priority.
3. How can I find out if my brand could be registered?
   • You can get a Preliminary Advice Report from IPONZ looking at whether or not the trade mark is eligible for registration under section 18 of the New Zealand Trade Marks Act 2002.  If a trade mark is considered to be distinctive the opportunities for building goodwill to gain common law rights and market profile are high.  The fee for this service is NZ$20 plus GST.  See the online Information Library – Trade Marks – Beginner’s Guide – 02 Applying for Search & Preliminary Advice.
   • Call IPONZ’s Information Line and ask for the Trade Mark Information Sheet – “What sort of marks can be registered?”