New Zealand Trade Mark Services
Davies Collison Cave has practiced directly in New Zealand for over ten years, and is one of the top 10 trade mark filers in the country. We also provide New Zealand trade mark searches and a wide range of related services to protect our clients’ trade marks in New Zealand, including trade mark opposition and removal proceedings and management of trade mark portfolios.
The advantages of registering trade marks in New Zealand
Registration of a trade mark in New Zealand provides a number of advantages:
Stronger statutory protection
Registration of a trade mark provides strong statutory protection against unauthorised use of a trade mark. Conversely it can be very difficult or expensive to rely solely upon any reputation-based rights to challenge unauthorised use of a trade mark in New Zealand. In addition the outcome of any reputation-based legal challenge is much less certain than when relying upon the statutory rights provided by trade mark registrations.
Registration gives rights throughout New Zealand, even before the trade mark has been used. Rights to trade marks which are not registered are generally limited to the area in which the reputation exists.
Registration will provide a statutory defence against allegations that use of the registered mark infringes any other trade mark registrations.
In conjunction with the New Zealand Customs Service, trade mark registration can provide a basis to prevent unauthorised goods bearing the same or similar mark from even entering the New Zealand market.
Cost effective enforcement
Registration signals to third parties that a trade mark is taken and it can block registration of deceptively similar trade marks.
Protecting trade marks in both Australia and New Zealand
Many trade mark owners will now search and register their trade marks in Australia and New Zealand simultaneously. We have developed a strategy for those who seek registration in both countries to help with examination and to streamline the process.
Our experience and knowledge of New Zealand trade mark law combined with more than 100 hundred years experience in Australia ensures our clients can depend on us to manage their trade mark portfolio. We encourage you to get in touch or contact Nick Holmes to see how we can help you.