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New trade mark regulations to be drafted

New trade mark regulations are being drafted and are expected to be in force by the end of the year.

These regulations will:

  • introduce a new schedule of fees; including small fee increases;
  • mandate electronic communication with the Intellectual Property Office (IPONZ);
  • prescribe regulations needed for New Zealand’s implementation of three international trade mark treaties, including the Madrid Protocol, and
  • make various general amendments to the regulations, such as to the processes and requirements for proceedings in the IPONZ Hearings Office, including clarification of some regulations that have caused uncertainty.

The new fee schedule updates fees that have not increased since 1999. The fees will remain low by international comparison and the increases are in line with inflation.

The fees are:

Proposed trade mark fees (GST exclusive)

Search (S)
Preliminary Advice (PA)
Declaration of Invalidity
Current Fee $20 $20 $40 $100 $250 $300 $750 $0 $300 $30
Proposed Fee $40 $40 $80 $150 $350 $350 $850 $350 $350 $0

The regulations will also mandate the use of online communications with IPONZ for trade marks. IPONZ introduced a modern online case management earlier this year, and now 97.3 per cent of communications with the Office are done online. By mandating online communications, IPONZ can seek further efficiencies in how it operates.

The regulations are expected to be in force by 10 December 2012.

For more information:

Read the Minister’s media release.