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Trademark Registration in New Zealand

by fmlaw news
July 13, 2020
in Property
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Trademark Registration in New Zealand
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Registration of Trademarks in New Zealand has always been an idea of a person or an entity while the business is in its start-up phase. Since the Trademark refers to a brand name or a brand sign which distinguishes one’s goods or services from that of his competitors. Registration of Trademark is not a mandatory requirement, however, it is considered to be an essential component that devolves several rights in the person in whose favour that Trademark is registered. The Trademark Act, 2002 entails the rules and regulations governing the procedure of registration of Trademark and also the rights of the Trademark holder in New Zealand.

Why Should I Get the Trademark Registered?

Since the goods or services which one person or an entity offers would also be offered by other competitors. Business comes with your reputation and we understand that your reputation would be important to you and you would want to have a brand name which could distinguish your goods and services with those of your competitors. Trademarks usually registered do include words, shapes, signs etc. and that allows your products to have a separate identity that you provide these products.

Benefits of Trademark Registration

Registration of Trademark comes with a right to exclusive use of that mark or sign. This means that you are giving your product or services a brand name or a brand logo which no one else would be allowed to use even if they are offering similar goods or services. It is widely understood that registration of a company or a domain name makes you the exclusive owner of that domain or name, however, it is not true and you can only get exclusivity if you can get the name or sign registered with the Intellectual Property Organization under the Trademark Act 2002. Another advantage of registering a Trademark, specifically for small scale businesses who operate in a specific area, is that you get the mark registered nation-wide and no one would be able to use your brand name in another locality where you don’t have that reputation and in the case one does, you have the statutory right to stop that person or an entity from using your registered mark.

How Long Would the Trademark Registration Last?

By virtue of Section 57 and 58 of the Trademark Act, 2002, the duration of registration of a Trademark is effective for a period of ten (10) years from the date of its registration and it can be renewed for a further term of ten (10) years upon each time it expires. However, in case the Trademark is not used for a period of consecutive three (03) years, it can be removed from the New Zealand’s Trademark register.

Why Hire A Legal Consultant For Trademark Registry?

Since the procedure for registration of Trademark ascribed in the Trademarks Act 2002 requires several compliance works and the entire process is cumbersome. In order to avoid any lag in the process of registration, it is always a better idea to hire a professional who has such expertise. Fortune Manning has a separate team of lawyers and legal assistants who have been dealing exclusively with Intellectual Property matters and their registrations.

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